Post v. Harber - Ohio Supreme Court Opinion - Ohio Supreme Court Decision

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[Cite as Post v. Harber, 92 Ohio St.3d 434, 2001-Ohio-219.]

POST ET AL., APPELLANTS, v. HARBER; OHIO FARMERS INSURANCE COMPANY
ET AL., APPELLEES.
[Cite as Post v. Harber (2001), 92 Ohio St.3d 434.]
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.
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The discretionary appeal is allowed.

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.
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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.
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