[Cite as In re Pope, 2011-Ohio-4268.]

Court of Claims of Ohio 

Victims of Crime Division

The Ohio Judicial Center 

65 South Front Street, Fourth Floor 

Columbus, OH 43215 

614.387.9860 or 1.800.824.8263 

www.cco.state.oh.us

IN RE: JONATHAN T. POPE 

CAROLYN A. POPE 

 Applicant 

 

 Case No. V2010-50884 

Commissioners: 

Karl C. Kerschner, Presiding 

Susan G. Sheridan 

E. Joel Wesp 

COMMISSIONER PANEL ORDER OF A THREE-

 {1}On March 26, 2010, the applicant, Carolyn Pope, filed a compensation 

application as the result of the death of her son, Jonathan Pope. On May 26, 2010, the 

Attorney General issued a finding of fact and decision denying the applicant’s claim 

since her son’s death did not fall under one of the exceptions to the motor vehicle 

exclusion contained in the statute. On June 22, 2010, the applicant filed a request for 

reconsideration. On October 14, 2010, the Attorney General rendered a Final Decision 

reversing its initial decision based upon evidence provided by the applicant in the 

request for reconsideration. In the Final Decision the Attorney General agreed that the 

victim’s death was the result of criminally injurious conduct. The Attorney General’s 

investigation also revealed that the applicant received proceeds from a settlement of 

$100,000.00 from the offender’s insurance carrier. Pursuant to In re Thomas, 

V2005-74189tc (3-2-07), affirmed jud (6-29-07), attorney fees, litigations costs, and the 

first $50,000.00 were offset from the settlement pursuant to R.C. 2743.51(B)(9). After 

these offsets, the net settlement totaled $34,827.00. Based upon the holding in In re 

Fout-Craig, V93-27851tc (2-5-99), the Attorney General apportioned the net settlement 
Case No. V2010-50884 - 2 - ORDER

between economic and non-economic loss. The Attorney General determined the 

settlement should be apportioned 20/80 between economic and non-economic loss. 
Case No. V2010-50884 - 3 - ORDER

Therefore, $6,965.40 represents collateral source recovery while $27,861.60 

constitutes non-economic loss. The applicant incurred unreimbursed out-of-pocket 

expenses in the amount of $8,211.53. When the collateral source is offset against this 

amount the applicant incurred an unreimbursed economic loss in the amount of 

$1,246.13. Accordingly, this amount was granted by the Attorney General to the 

applicant. On November 15, 2010, the applicant filed a notice of appeal from the 

October 14, 2010 Final Decision of the Attorney General. Hence, a hearing was held 

before this panel of commissioners on May 4, 2011 at 10:25 A.M. 

 {2}Assistant Attorney General Heidi James appeared on behalf of the state of 

Ohio. The applicant did not attend the hearing. 

 {3}The Attorney General made a brief statement for the panel’s consideration. 

The Attorney General outlined the reasoning used to determine what portion of the 

settlement constitutes a collateral source. The Attorney General recommended the 

applicant receive an additional award in the amount of $349.72, for a monument bench 

at Marion Memorial Cemetery. Additionally, the applicant incurred counseling 

expenses in the amount of $67.50. If the applicant incurs additional economic loss this 

would be the appropriate subject for a supplemental compensation application. 

Whereupon, the hearing was concluded. 

 {4}From review of the case file and upon full and careful consideration of the 

statements presented by the Attorney General, we find the applicant should be granted 

an additional award of reparations in the amount of $417.22. Therefore, the Final 

Decision of the Attorney General is modified. 

 IT IS THEREFORE ORDERED THAT 

 {5}1) The October 14, 2010 decision of the Attorney General is MODIFIED to 

render judgment in favor of the applicant in the additional amount of $417.22; 
Case No. V2010-50884 - 4 - ORDER

 {6}2) This claim is remanded to the Attorney General for payment of the award 

in accordance with this order; 

 {7}3) This order is entered without prejudice to the applicant’s right to file a 

supplemental compensation application, within five years of this order, pursuant to R.C. 

2743.68; 

 {8}4) Costs are assumed by the court of claims victims of crime fund.

 _______________________________________ 

 KARL C. KERSCHNER 

 Presiding Commissioner

 _______________________________________ 

 SUSAN G. SHERIDAN 

 Commissioner

 _______________________________________ 

 E. JOEL WESP 

 Commissioner 

ID #I:\VICTIMS\2010\50884\V2010-50884 Pope.wpd\DRB-tad 

 A copy of the foregoing was personally served upon the Attorney General and 

sent by regular mail to Ottawa County Prosecuting Attorney and to: 

Filed 6-24-11 

Jr. Vol. 2279, Pgs. 50-52 

Sent to S.C. Reporter 8-23-11