Opinion
No. 93-1474
Submitted August 31, 1994 —
Decided October 5, 1994.
APPEAL from the Court of Appeals for Summit County, No. 15875.
Scanlon Henretta Co., L.P.A., Lawrence J. Scanlon and Ann Marie O'Brien; Colopy Casalinuovo and Daniel M. Colopy, for appellant.
Roderick, Myers Linton and Kurt R. Weitendorf, for appellee.
Dyer, Garofalo, Mann Schultz, Ronald E. Schultz and Kimberly K. Harshbarger, urging reversal for amicus curiae, Ohio Academy of Trial Lawyers.
The judgment of the court of appeals is reversed and the cause is remanded to the trial court to apply Martin v. Midwestern Group Ins. Co. (1994), 70 Ohio St.3d 478, 639 N.E.2d 438, decided today.
A.W. SWEENEY, DOUGLAS, RESNICK, F.E. SWEENEY and PFEIFER, JJ., concur.
MOYER, C.J., concurs separately.
I concur separately in the judgment entry in the above-styled case. As my dissent in Martin v. Midwestern Group Ins. Co. (1994), 70 Ohio St.3d 478, 485, 639 N.E.2d 438, 443, stated, I do not agree with the law announced in the majority decision. Nevertheless, it is the law on the issue in the above-styled case. As I believe all parties should receive equal application of the law announced by this court, and only for that reason, I concur in the judgment entry.
for the reason stated in the dissenting opinions in Martin v. Midwestern Group Ins. Co. (1994), 70 Ohio St.3d 478, 485-486, 639 N.E.2d 438, 443.