Post v. Harber

2001 Ohio 219, 92 Ohio St. 3d 434

• Court: Ohio Supreme Court
• Decided: August 8, 2001
• Docket: 2001-0539
• Status: Published

Opinion

[This decision has been published in Ohio Official Reports at 92 Ohio St.3d 434.]

POST ET AL., APPELLANTS, v. HARBER; OHIO FARMERS INSURANCE COMPANY ET AL., APPELLEES.

[Cite as Post v. Harber, 2001-Ohio-219.] Discretionary appeal allowed—Court of appeals’ judgment reversed and cause remanded for further proceedings on authority of Littrell v. Wigglesworth and Clark v. Scarpelli. (No. 01-539—Submitted May 30, 2001—Decided August 8, 2001.) APPEAL from the Court of Appeals for Vinton County, No. 00CA541. __________________ {¶ 1} The discretionary appeal is allowed. {¶ 2} The judgment of the court of appeals is reversed, and the cause is remanded for further proceedings on the authority of Littrell v. Wigglesworth (2001), 91 Ohio St.3d 425, 746 N.E.2d 1077, and Clark v. Scarpelli (2001), 91 Ohio St.3d 271, 744 N.E.2d 719. MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY and PFEIFER, JJ., concur. COOK, J., concurs in judgment only. LUNDBERG STRATTON, J., dissents. __________________ Elk & Elk Co., L.P.A., and Todd O. Rosenberg, for appellants. Isaac, Brant, Ledman & Teetor, Steven G. LaForge and Barbara Kozar Letcher, for appellee Ohio Farmers Insurance Company. Mann & Preston, L.L.P., and Mark A. Preston, for appellee State Farm Mutual Automobile Insurance Company. __________________