Rodriguez v. State Hwy. Patrol

2011 Ohio 1948

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

ARSENIO RODRIGUEZ

Plaintiff

v.

Case No. 2010-08837-AD

Deputy Clerk Daniel R. Borchert

ENTRY OF DISMISSAL STATE HIGHWAY PATROL

{¶ 1} On September 3, 2010, defendant filed a motion to dismiss, stating this claim was paid by Ohio Department of Administrative Services. On July 28, 2010, check no. 14737124 in the amount of $125.96, 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: Arsenio Rodriguez Bridget Coontz 12717 Matherson Avenue Assistant Attorney General Cleveland, Ohio 44135 Counsel, Ohio Highway Patrol

Case No.2010-08837-AD -2- ENTRY

1970 West Broad Street Columbus, Ohio 43223

DRB/laa FILED 1/28/111 Sent to S.C. reporter 4/15/11