Opinion
2022-00288AD
10-18-2022
NORMA PANKO Plaintiff v. OHIO DEPARTMENT OF TRANSPORTATION Defendant
Sent to S.C. Reporter 2/8/2023
MEMORANDUM DECISION
{¶1} Norma Panko ("plaintiff") filed this claim against the defendant, Ohio Department of Transportation ("ODOT"), to recover damages which occurred when her 2011 Chevrolet Malibu struck a pothole on March 2, 2022, while she was traveling on the on- ramp from Interstate Route ("IR") 275 West to IR 75 North in Hamilton County, Ohio. This road is a public road maintained by ODOT. Plaintiff's vehicle sustained damages in the amount of $796.22. Plaintiff has automobile insurance with Western Reserve Mutual Casualty Company and the policy has a $250.00 deductible. Plaintiff submitted the $25.00 filing fee.
{¶2} ODOT filed an Investigation Report stating its willingness to settle this claim if plaintiff submitted her insurance information.
{¶3} Plaintiff responded to defendant's Investigation Report stating that she contacted her insurance company and they stated that they would not cover the damages because she did not have the car inspected by their adjuster before she had it repaired.
{¶4} 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 that the claimant receives or is entitled to."
{¶5} The credibility of witnesses and the weight attributable to their testimony are primarily matters for the trier of fact. State v. DeHass, 10 Ohio St.2d 230, 227 N.E.2d 212 (1967), paragraph one of the syllabus. The court is free to believe or disbelieve, all or any part of each witness's testimony. State v. Antill, 176 Ohio St. 61, 197 N.E.2d 548 (1964). The court finds plaintiff's statement persuasive. The court finds that plaintiff was not entitled to insurance proceeds.
{¶6} Therefore, judgment is rendered in favor of plaintiff in the amount of $796.22, plus $25.00 for reimbursement of the filing fee pursuant to the holding in Bailey v. Ohio Department of Rehabilitation and Correction, 62 Ohio Misc.2d 19, 587 N.E.2d 990 (Ct. of Cl. 1990).
ENTRY OF ADMINISTRATIVE DETERMINATION
{¶7} Having considered all the evidence in the claim file, and for the reasons set forth in the memorandum decision filed concurrently herewith, judgment is rendered in favor of the plaintiff in the amount of $821.22, which includes reimbursement of the $25.00 filing fee. Court costs are assessed against defendant.