Jackson v. Ohio Dept. of Transp.

Ohio Court of Claims

Jackson v. Ohio Dept. of Transp.

2010 Ohio 5582

CourtOhio Court of Claims

DecidedJuly 28, 2010

Docket2010-02634-AD

StatusPublished

This text of 2010 Ohio 5582 (Jackson 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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Jackson v. Ohio Dept. of Transp., 2010 Ohio 5582 (Ohio Super. Ct. 2010).

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Opinion

[Cite as Jackson v. Ohio Dept. of Transp., 2010-Ohio-5582.]

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

SHAWN JACKSON

Plaintiff

v.

OHIO DEPARTMENT OF TRANSPORTATION, et al.

Defendants

Case No. 2010-02634-AD

Deputy Clerk Daniel R. Borchert

MEMORANDUM DECISION

FINDINGS OF FACT {¶ 1} Plaintiff, Shawn Jackson, filed this action against defendant, Department of Transportation (ODOT), contending his 1992 Ford Taurus was damaged as a proximate cause of negligence on the part of ODOT personnel in conducting snow removal operations on State Route 141 on either January 15, 2010 or January 16, 2010. Plaintiff requested damages in the amount of $68.90, the cost of repairs. Payment of the filing fee was waived. {¶ 2} 2) ODOT filed an investigation report requesting plaintiff’s claim be dismissed, advising the claim was paid and settled by defendant, Office of Risk Management. ODOT provided a copy of a “Release For Property Damage Only” document signed by plaintiff acknowledging his property damage claim had been satisfied and releasing ODOT from any liability claim. 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

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.

________________________________ DANIEL R. BORCHERT Deputy Clerk

Entry cc: Shawn Jackson Jolene M. Molitoris, Director 1712 Campbell Drive Department of Transportation Ironton, Ohio 45638 1980 West Broad Street Columbus, Ohio 43223 Office of Risk Management 3200 Surface Road Columbus, Ohio 43228-1395

RDK/laa 7/15 Filed 7/28/10 Sent to S.C. reporter 11/15/10

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[Cite as Jackson v. Ohio Dept. of Transp., 2010-Ohio-5582.]

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

SHAWN JACKSON

Plaintiff

v.

OHIO DEPARTMENT OF TRANSPORTATION, et al.

Defendants

Case No. 2010-02634-AD

Deputy Clerk Daniel R. Borchert

MEMORANDUM DECISION

FINDINGS OF FACT {¶ 1} Plaintiff, Shawn Jackson, filed this action against defendant, Department of Transportation (ODOT), contending his 1992 Ford Taurus was damaged as a proximate cause of negligence on the part of ODOT personnel in conducting snow removal operations on State Route 141 on either January 15, 2010 or January 16, 2010. Plaintiff requested damages in the amount of $68.90, the cost of repairs. Payment of the filing fee was waived. {¶ 2} 2) ODOT filed an investigation report requesting plaintiff’s claim be dismissed, advising the claim was paid and settled by defendant, Office of Risk Management. ODOT provided a copy of a “Release For Property Damage Only” document signed by plaintiff acknowledging his property damage claim had been satisfied and releasing ODOT from any liability claim. 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

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.

________________________________ DANIEL R. BORCHERT Deputy Clerk

Entry cc: Shawn Jackson Jolene M. Molitoris, Director 1712 Campbell Drive Department of Transportation Ironton, Ohio 45638 1980 West Broad Street Columbus, Ohio 43223 Office of Risk Management 3200 Surface Road Columbus, Ohio 43228-1395

RDK/laa 7/15 Filed 7/28/10 Sent to S.C. reporter 11/15/10

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2010 Ohio 5582, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-v-ohio-dept-of-transp-ohioctcl-2010.