Galanos v. City of Cleveland

By this appeal we are asked to decide whether R.C. 2744.05, granting a right of setoff for collateral benefits to political subdivisions, precludes the Department of Human Services from exercising its right of subrogation under R.C. 5101.58.

R.C. 2744.05 provides in part:

“Notwithstanding any other provisions of the Revised Code or rules of a court to the contrary, in an action against a political subdivision to recover damages for injury, death, or loss to persons or property caused by an act or omission in connection with a governmental or proprietary function:

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“(B) If a claimant…