Fox v. Ohio Dept. of Transp.

Ohio Court of Claims

Fox v. Ohio Dept. of Transp.

2011 Ohio 1765

CourtOhio Court of Claims

DecidedJanuary 26, 2011

Docket2010-10645-AD

StatusPublished

This text of 2011 Ohio 1765 (Fox v. Ohio Dept. of Transp.) is published on Counsel Stack Legal Research, covering Ohio Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Fox v. Ohio Dept. of Transp., 2011 Ohio 1765 (Ohio Super. Ct. 2011).

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Opinion

[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 Chester T. Lyman, Jr. 1121 Brice Road Assistant Legal Counsel Reynoldsburg, Ohio 43068 Department of Transportation 1980 West Broad Street DRB/laa Columbus, Ohio 43223 Filed 1/26/11 Sent to S.C. reporter 4/8/11

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[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 Chester T. Lyman, Jr. 1121 Brice Road Assistant Legal Counsel Reynoldsburg, Ohio 43068 Department of Transportation 1980 West Broad Street DRB/laa Columbus, Ohio 43223 Filed 1/26/11 Sent to S.C. reporter 4/8/11

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2011 Ohio 1765, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fox-v-ohio-dept-of-transp-ohioctcl-2011.