Hicks v. Ohio Dept. of Transp.
This text of 2011 Ohio 3771 (Hicks 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.
Opinion
[Cite as Hicks v. Ohio Dept. of Transp., 2011-Ohio-3771.]
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
CHRIS HICKS
Plaintiff
v.
OHIO DEPARTMENT OF TRANSPORTATION
Defendant
Case No. 2010-11030-AD
Clerk Miles C. Durfey
MEMORANDUM DECISION
FINDINGS OF FACT {¶ 1} Plaintiff, Chris Hicks, filed this action against defendant, Department of Transportation (ODOT), contending that his 2001 Honda Civic was damaged as a proximate cause of negligence on the part of ODOT in maintaining a hazardous condition in a construction area on Interstate 75 in Warren County. Plaintiff requested damages in the amount of $461.85, plus filing fee reimbursement of $25.00. The filing fee was paid. {¶ 2} ODOT filed an investigation report requesting that plaintiff’s claim be dismissed, advising that the claim was paid and settled by ODOT contractor, John R. Jurgensen Company. Defendant provided a copy of check number 00499119 issued to plaintiff by John R. Jurgensen Company in the amount of $486.85. CONCLUSIONS OF LAW {¶ 3} 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
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.
________________________________ MILES C. DURFEY Clerk
Entry cc:
Chris Hicks Jerry Wray, Director 269 Village Drive Department of Transportation Springboro, Ohio 45066 1980 West Broad Street Columbus, Ohio 43223 RDK/laa 3/2 Filed 4/20/11 Sent to S.C. reporter 7/29/11
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