Molecke v. Ohio 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
MELVYN L. MOLECKE
Plaintiff
v.
OHIO DEPARTMENT OF TRANSPORTATION
Defendant
Case No. 2009-06044-AD
Deputy Clerk Daniel R. Borchert
MEMORANDUM DECISION
FINDINGS OF FACT
{¶ 1} 1) Plaintiff, Melvyn L. Molecke, filed this action against defendant, Department of Transportation (ODOT), alleging his 2008 Cadillac DTS was damaged as a proximate cause of negligence on the part of ODOT in maintaining a roadway construction area on Interstate 271 on June 3, 2009. Plaintiff requested damages in the amount of $278.89, the cost of automotive repair he incurred.
{¶ 2} 2) Defendant filed an investigation report requesting plaintiff’s claim be dismissed, advising that the claim was paid and settled by ODOT contractor, Karvo Paving Company. On August 24, 2009, check no. 080543 in the amount of $278.89, was sent to plaintiff as a full and final release of the claim against defendant. Plaintiff also executed a “Release of All Claims” document (copy submitted).
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
MELVYN L. MOLECKE
Plaintiff
v.
OHIO DEPARTMENT OF TRANSPORTATION
Defendant
Case No. 2009-06044-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 with prejudice. The court shall absorb the court costs for this claim in excess of the filing fee.
DANIEL R. BORCHERT Deputy Clerk
Entry cc:
Melvyn L. Molecke Jolene M. Molitoris, Director 958 Belwood Drive Department of Transportation Highland Heights, Ohio 44143 1980 West Broad Street Columbus, Ohio 43223
RDK/laa 3/18 Filed 3/25/10 Sent to S.C. reporter 8/6/10
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2010 Ohio 3633 (Molecke v. Ohio Dept. of Transp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.