Opinion
Nos. 95-1858 and 95-2095
Submitted April 15, 1996 —
Decided May 15, 1996.
APPEAL from and CERTIFIED by the Court of Appeals for Summit County, No. 17086.
J. Thomas Henretta, for appellant.
Chris T. Nolan and Peter D. Janos, for appellee.
The judgment of the court of appeals is reversed and the cause is remanded to the trial court for further proceedings not inconsistent with Girgis v. State Farm Mut. Auto. Ins. Co. (1996), 75 Ohio St.3d 302, 662 N.E.2d 280.
MOYER, C.J., DOUGLAS, RESNICK and PFEIFER, JJ., concur.
F.E. SWEENEY, J., dissents for the reasons stated in his opinion concurring in part and dissenting in part in Girgis v. State Farm Mut. Auto. Ins. Co. (1996), 75 Ohio St.3d 302, 309-312, 662 N.E.2d 280, 285-287.
COOK, J., dissents.
STRATTON, J., not participating.