Pittsley v. Ohio Dept. of Transp.

2011 Ohio 1116

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

SUSAN PITTSLEY

Plaintiff

v.

Case No. 2010-09001-AD

Deputy Clerk Daniel R. Borchert ENTRY OF DISMISSAL OHIO DEPT. OF TRANSPORTATION

{¶ 1} On August 6, 2010, defendant filed the investigation report stating that this claim was paid by the Office of Risk Management. On August 2, 2010, warrant no. 0014717204 in the amount of $250.00 was sent to plaintiff as a full and final release of the claim against defendant. Plaintiff has not responded to defendant’s investigation report. R.C. 2743.02(D) in pertinent part states: “Recoveries against the state shall be reduced by the aggregate of insurance proceeds, disability awards, 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.

{¶ 2} On August 6, 2010, defendant filed a motion to add the Office of Risk Management as an additional defendant. However, since this court consider’s the Office of Risk Management as a collateral source in this situation, there is no need to add that office as a defendant. Accordingly, defendant’s motion is DENIED.

{¶ 3} Plaintiff’s case is DISMISSED. The filing fee shall be waived and the court shall absorb the court costs for this case.

________________________________

DANIEL R. BORCHERT Deputy Clerk

Case No.2010-09001-AD -2- ENTRY

cc: Susan Pittsley Catherine Cola Perkins 495 Wesley Drive Chief Legal Counsel Cincinnati, Ohio 45244 Department of Transportation 1980 West Broad Street

Cindy Kelly Columbus, Ohio 43223 Office of Risk Management 4200 Surface Road Columbus, Ohio 43228-1395

DRB/laa Filed 1/12/11 Sent to S.C. reporter 3/4/11