CARRUTH v. ERIE INS. GROUP, 92 Ohio St.3d 211 (2001)


749 N.E.2d 290

Carruth, Appellant, v. Erie Insurance Group, Appellee.

No. 00-1873.Supreme Court of Ohio.Submitted May 16, 2001.
Decided July 5, 2001.

Appeal from the Court of Appeals for Cuyahoga County, No. 77161.

The judgment of the court of appeals is affirmed on the authority o Littrell v. Wigglesworth (2001), 91 Ohio St.3d 425, 746 N.E.2d 1077, an Clark v. Scarpelli (2001), 91 Ohio St.3d 271, 744 N.E.2d 719.

Douglas, Resnick, F.E. Sweeney and Pfeifer, JJ., concur.

Moyer, C.J., Cook and Lundberg Stratton, JJ., concur in judgment.

Cook, J., concurring in judgment.

I concur in judgment based on the reasoning set forth in my dissenting opinion in Littrell v. Wigglesworth (2001), 91 Ohio St.3d 425, 746 N.E.2d 1077, and in my opinion concurring in part and dissenting in part in Clark v. Scarpelli (2001), 91 Ohio St.3d 271, 744 N.E.2d 719.

Moyer, C.J., and Lundberg Stratton, J., concur in the foregoing opinion.

Elk Elk Co., L.P.A., and Todd O. Rosenberg, for appellant.