Opinion
Nos. 95-824, 95-825
Submitted April 15, 1996 —
Decided May 15, 1996.
CERTIFIED by and APPEAL from the Court of Appeals for Butler County, No. CA94-06-135.
Bressler, Shanks Gelding Co., L.P.A., and Harvey Joel Bressler, for appellees.
Heath Associates and James V. Heath, for appellant.
The judgment of the court of appeals is affirmed on the authority of Girgis v. State Farm Mut. Auto. Ins. Co. (1996), 75 Ohio St.3d 302, 662 N.E.2d 280, and the cause is remanded to the trial court for further proceedings not inconsistent with Girgis.
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.