Ahlers v. Ohio Dept. of Transp., (Ohio 2005)
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Summary
Automobile damage. Payment received from third party collateral source. Case dismissed.
Summary
Automobile damage. Payment received from third party collateral source. Case dismissed.
Text
[Cite as Ahlers v. Ohio Dept. of Transp., 2005-Ohio-5415.]
IN THE COURT OF CLAIMS OF OHIO
JOAN W. AHLERS :
Plaintiff :
v. : CASE NO. 2005AD
OHIO DEPARTMENT OF : ENTRY OF DISMISSAL TRANSPORTATION : Defendant
____________________
On August 12, 2005, defendant filed a motion to dismiss, stating this claim was paid by Kokosing Construction Company, Inc. On July 27, 2005, invoice no. 072605 in the amount of $168.13, 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. The clerk shall serve upon all parties notice of this entry of dismissal and its date of entry upon the journal.
____________________
DANIEL R. BORCHERT Deputy Clerk Entry cc:
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Case No. 2005AD ENTRY
Joan W. Ahlers Plaintiff, Pro se 1850 N. Lakewood Avenue Port Clinton, Ohio 43452 Thomas P. Pannett, P.E. For Defendant Assistant Legal Counsel Department of Transportation 1980 West Broad Street Columbus, Ohio 43223 DRB/laa 9/9 Filed 9/21/05 Sent to S.C. reporter 10/11/
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