1993-1716 | Ohio | Dec 29, 1993

Lead Opinion

The motion to certify the record is granted and the cause is reversed and remanded on authority of Savoie v. Grange Mut Ins. Co. (1993), 67 Ohio St. 3d 500" date_filed="1993-10-01" court="Ohio" case_name="Savoie v. Grange Mutual Insurance">67 Ohio St.3d 500, 620 N.E.2d 809.

A.W. Sweeney; Douglas, F.E. Sweeney and Pfeifer, JJ., concur. Moyer, C.J., concurs separately. Wright, J., dissents. Resnick, J., not participating.





Concurrence Opinion

Moyer, C. J.,

concurring separately. I concur separately in the judgment entry in the above-styled case. As my dissent in Savoie v. Grange Mut. Ins. Co. (1993), 67 Ohio St. 3d 500" date_filed="1993-10-01" court="Ohio" case_name="Savoie v. Grange Mutual Insurance">67 Ohio St.3d 500, 620 N.E.2d 809, 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.






Dissenting Opinion

Wright, J.,

dissenting. I must dissent in continuing protest to the majority’s sundry holdings in Savoie v. Grange Mut. Ins. Co. (1993), 67 Ohio. St.3d 500, 620 N.E.2d 809. As stated in the dissent in Savoie, that holding lacks sound reasoning, reverses ten years of established case law and flouts the will of the General Assembly. Thus, I feel compelled to remain in this posture until the General Assembly has had the opportunity to undo the damage caused to the public by this unfortunate, result-oriented decision.

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