Withey v. Ohio Dept. of Transp., (Ohio 2005)

Summary

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Automobile damage, recovery from a third party collateral source. Case dismissed.

Summary

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Automobile damage, recovery from a third party collateral source. Case dismissed.

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[Cite as Withey v. Ohio Dept. of Transp., 2005-Ohio-3218.]

IN THE COURT OF CLAIMS OF OHIO WENDY WITHEY :

Plaintiff :

v. : CASE NO. 2005AD

OHIO DEPARTMENT OF : ENTRY OF DISMISSAL TRANSPORTATION, DISTRICT 4 : Defendant

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On April 7, 2005, defendant filed a motion to dismiss, stating the claim was paid on March 30, 2005, by Cincinnati Insurance Company insurer of The Velotta Company, defendant's contractor. 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 to dismiss is GRANTED and plaintiff's case is DISMISSED. The court shall absorb the court costs of 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

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Case No. 2005AD ENTRY Entry cc: Wendy Withey Plaintiff, Pro se 1845 St. Rt. 14 Deerfield, Ohio 44411 Thomas P. Pannett, P.E. For Defendant Assistant Legal Counsel Department of Transportation 1980 West Broad Street Columbus, Ohio 43223 DRB/laa 5/24 Filed 6/1/05 Sent to S.C. reporter 6/24/

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