OHIO DEPT. OF HUMAN SERV. v. KOZAR

No. 66766.

99 Ohio App.3d 713 (1995)

OHIO DEPARTMENT OF HUMAN SERVICES, Appellant, v. KOZAR, Appellee.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

Decided January 9, 1995.


Attorney(s) appearing for the Case

Betty D. Montgomery, Attorney General, and Robert J. Byrne, Assistant Attorney General, Revenue Recovery Section, for appellant.

Weston, Hurd, Fallon, Paisley & Howley and Timothy D. Johnson, for appellee.


JAMES M. PORTER, Judge.

Plaintiff-appellant Ohio Department of Human Services appeals from summary judgment entered in favor of defendant-appellee John W. Kozar arising out of the state's claim for reimbursement of Medicaid benefits expended on behalf of decedent, William Carvell, who was fatally injured by defendant's automobile. The trial court found that the state's claims, as subrogee, were barred by res judicata resulting from an adverse summary judgment...

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