Fox v. Ohio Dept. of Transp.

Annotate this Case

Download PDF

[Cite as Fox v. Ohio Dept. of Transp., 2011-Ohio-1765.] 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 BONNIE FOX Case No. 2010-10645-AD Plaintiff Deputy Clerk Daniel R. Borchert v. ENTRY OF DISMISSAL OHIO DEPARTMENT OF TRANSPORTATION {¶ 1} On November 22, 2010, defendant filed a motion to dismiss, stating this claim was paid by Lionel Construction Company. On November 18, 2010, check no. 037261 in the amount of $777.52, 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: Bonnie Fox 1121 Brice Road Reynoldsburg, Ohio 43068 DRB/laa Filed 1/26/11 Sent to S.C. reporter 4/8/11 Chester T. Lyman, Jr. Assistant Legal Counsel Department of Transportation 1980 West Broad Street Columbus, Ohio 43223

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.