Rodriguez v. State Hwy. Patrol

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[Cite as Rodriguez v. State Hwy. Patrol, 2011-Ohio-1948.] 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 ARSENIO RODRIGUEZ Plaintiff v. Case No. 2010-08837-AD Deputy Clerk Daniel R. Borchert ENTRY OF DISMISSAL STATE HIGHWAY PATROL {¶ 1} On September 3, 2010, defendant filed a motion to dismiss, stating this claim was paid by Ohio Department of Administrative Services. On July 28, 2010, check no. 14737124 in the amount of $125.96, 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 cc: Arsenio Rodriguez 12717 Matherson Avenue Cleveland, Ohio 44135 Bridget Coontz Assistant Attorney General Counsel, Ohio Highway Patrol Case No.2010-08837-AD -2- ENTRY 1970 West Broad Street Columbus, Ohio 43223 DRB/laa FILED 1/28/111 Sent to S.C. reporter 4/15/11

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