Copeland v. Dept. of Transp.
Opinion
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
MARY L. COPELAND
Plaintiff
v.
DEPARTMENT OF TRANSPORTATION
Defendant
Case No. 2010-08438-AD
Deputy Clerk Daniel R. Borchert
MEMORANDUM DECISION
FINDINGS OF FACT
{¶ 1} 1) Plaintiff, Mary L. Copeland, filed this action against defendant, Department of Transportation (ODOT), contending her 2006 Chevrolet HHR was damaged as a proximate cause of negligence on the part of ODOT in maintaining a hazardous condition in a construction area on State Route 161/US Route 33 in Franklin County. Plaintiff requested damages in the amount of $125.86. The filing fee was paid.
{¶ 2} 2) ODOT filed an investigation report requesting plaintiff’s claim be dismissed, advising the claim was paid and settled by ODOT contractor Trucco Construction Co., Inc. Defendant provided a copy of check number 80044 issued to plaintiff by Trucco Construction Co., Inc. in the amount of $125.86.
CONCLUSIONS OF LAW
{¶ 3} 1) 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.
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
MARY L. COPELAND
Plaintiff
v.
DEPARTMENT OF TRANSPORTATION
Defendant
Case No. 2010-08438-AD
Deputy Clerk Daniel R. Borchert
ENTRY OF ADMINISTRATIVE DETERMINATION
Having considered all the evidence in the claim file and, for the reasons set forth in the memorandum decision filed concurrently herewith, plaintiff’s claim 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:
Mary L. Copeland Jerry Wray, Director 17170 Middleburg P.C. Road Department of Transportation Marysville, Ohio 43040 1980 West Broad Street Columbus, Ohio 43223
RDK/laa 1/26 Filed 2/8/11 Sent to S.C. reporter 4/29/11
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