Chien v. Ohio Dept. of Transp., (Ohio 2005)
Linked as:
Summary
Receipt of damages from collateral source. Case dismissed.
Summary
Receipt of damages from collateral source. Case dismissed.
Text
[Cite as Chien v. Ohio Dept. of Transp., 2005-Ohio-4226.]
IN THE COURT OF CLAIMS OF OHIO HAO-CHENG CHIEN :
Plaintiff :
v. : CASE NO. 2005AD
OHIO DEPARMENT OF : ENTRY OF DISMISSAL TRANSPORTATION : Defendant
____________________
On July 5, 2005, defendant filed a motion to dismiss, stating this claim was paid by Sandusky Bay Construction Company. On June 29, 2005, plaintiff signed a settlement release as a full and final release of the claim against defendant. On July 12, 2005, plaintiff notified the court this case has reached its conclusion. 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: Hao-Cheng Chien Plaintiff, Pro se
- 1 -
Case No. 2005AD ENTRY 4929 Woodland Lane Sylvania, Ohio 43560-3041 Thomas P. Pannett, P.E. For Defendant Assistant Legal Counsel Department of Transportation 1980 West Broad Street Columbus, Ohio 43223 DRB/laa 7/19 Filed 7/28/05 Sent to S.C. reporter 8/11/
- 2 -
Sponsored links
