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STRIEF v. CITY OF CINCINNATI

No. 93-2507.

72 Ohio St.3d 318 (1995)

STRIEF, APPELLANT, v. CITY OF CINCINNATI, APPELLEE, ET AL.

Supreme Court of Ohio.

Decided June 14, 1995.

Attorney(s) appearing for the Case

David J. Boyd, for appellant.

Fay D. Dupuis, City Solicitor, and Mark S. Yurick, Assistant City Solicitor, for appellee.

MOYER, C.J.

The issue presented is whether the word "benefits" as used in R.C. 2744.05(B) includes monies advanced to an injured party by a union benefit plan that must be reimbursed from a subsequent judgment pursuant to a subrogation agreement between the injured party and the plan. We reverse the judgment of the court of appeals.

The collateral source setoff provision of R.C. 2744.05(B) states:

"If...

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