[Cite as McGue v. Ohio Dept. of Transp., 2010-Ohio-4025.]

Court of Claims of Ohio The Ohio Judicial Center South Front Street, Third Floor Columbus, OH 43215 614.387.9800 or 1.800.824.8263 www.cco.state.oh.us

JOHN S. MCGUE Plaintiff v. OHIO DEPARTMENT OF TRANSPORTATION Defendant Case No. 2009-06931-AD Deputy Clerk Daniel R. Borchert MEMORANDUM DECISION

FINDINGS OF FACT {¶ 1} 1) Plaintiff, John S. McGue, filed this action against defendant, Department of Transportation (ODOT), alleging his 2005 Acura TSX was damaged as a proximate cause of negligence on the part of ODOT in maintaining a roadway construction area on US Route 33 on July 17, 2009. Plaintiff requested damages in the amount of $133.32, 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, The Shelly Company. On September 10, 2009, The Shelly Company paid $197.91 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 South Front Street, Third Floor Columbus, OH 43215 614.387.9800 or 1.800.824.8263 www.cco.state.oh.us

JOHN S. MCGUE Plaintiff v. OHIO DEPARTMENT OF TRANSPORTATION Defendant Case No. 2009-06931-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: John S. McGue Jolene M. Molitoris, Director 7682 Worsley Place Department of Transportation Dublin, Ohio 43017 1980 West Broad Street Columbus, Ohio 43223 RDK/laa 4/21 Filed 4/28/10 Sent to S.C. reporter 8/26/10