Jones v. Ohio Dept of Transp.

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[Cite as Jones v. Ohio Dept of Transp., 2008-Ohio-5781.] Court of Claims of Ohio The Ohio Judicial Center 65 South Front Street, Third Floor Columbus, OH 43215 614.387.9800 or 1.800.824.8263 www.cco.state.oh.us DIANA J. JONES Case No. 2008-03815-AD Plaintiff Deputy Clerk Daniel R. Borchert v. ENTRY OF DISMISSAL OHIO DEPARTMENT OF TRANSPORTATION Defendant [Cite as Jones v. Ohio Dept of Transp., 2008-Ohio-5781.] [Cite as Jones v. Ohio Dept of Transp., 2008-Ohio-5781.] {¶ 1} On May 23, 2008, defendant filed a motion to dismiss, stating this claim was paid by John Jurgenson Company. On May 8, 2008, check no. 00408831, in the amount of $70.00, was sent to plaintiff as a full and final release of the claim against defendant. Plaintiff has not responded to defendant s motion to dismiss. R.C. 2743.02(D) in pertinent part states: Recoveries against the state shall be reduced by the aggregate of insurance proceeds, disability award, or other collateral recovery received by the claimant. Upon review, the court finds that the money received by plaintiff is a recovery from a collateral source. Accordingly, defendant s motion is GRANTED and plaintiff s case is DISMISSED. The court shall absorb the court costs for this claim in excess of the filing fee. ________________________________ DANIEL R. BORCHERT Deputy Clerk Entry cc: Diana J. Jones 6484 Donjoy Drive Cincinnati, Ohio 45242 DRB/laa 7/31 Filed 8/12/08 Sent to S.C. reporter 11/4/08 Thomas P. Pannett Department of Transportation 1980 West Broad Street Columbus, Ohio 43223

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