Markiewicz v. Ohio Dept. of Transp.

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[Cite as Markiewicz v. Ohio Dept. of Transp., 2009-Ohio-3039.] 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 SCOTT MARKIEWICZ Case No. 2009-01425-AD Plaintiff Deputy Clerk Daniel R. Borchert v. ENTRY OF DISMISSAL OHIO DEPT. OF TRANSPORTATION {¶ 1} On March 4, 2009, defendant filed a motion to dismiss, stating this claim was paid by Karvo Paving Company. On January 19, 2009, check no. 078071 in the amount of $542.24, 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: Scott Markiewicz 3430 Brookdale Avenue Parma, Ohio 44134 DRB/laa Thomas P. Pannett, P.E. Assistant Legal Counsel Department of Transportation 1980 West Broad Street Columbus, Ohio 43223 Case No.2009-01425-AD 3/18 Filed 3/26/09 Sent to S.C. reporter 6/19/09 -2- ENTRY

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