Cases | 2007-Ohio-581(Ohio Ct. App. 2007) | 2018
The defendant was convicted of attempted murder after shooting at the victim while the victim was in his car. The defendant was sentenced to seven years in prison and ordered to pay $4,867 in restitution for the victim’s medical expenses and damage to the victim’s car. After the defendant had paid $1,390, the victim’s insurance company, which had already reimbursed the victim, filed suit against the defendant to recover the balance owed. The trial court found for the insurance company. The defendant appealed, arguing that the award to the insurance company was improper because it could result in a double obligation. The appellate court found the defendant had been credited for the amount already paid directly to the victim and that the balance due did not represent an amount greater than the initial order of restitution. The insurance company’s subrogation action was proper as long as the defendant is credited for previous payments of restitution. The award to the insurance company was affirmed.