Post v. Harber

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[Cite as Post v. Harber, 92 Ohio St.3d 434, 2001-Ohio-219.] POST ET AL., APPELLANTS, v. HARBER; OHIO FARMERS INSURANCE COMPANY ET AL., APPELLEES. [Cite as Post v. Harber (2001), 92 Ohio St.3d 434.] Discretionary appeal allowed Court of appeals judgment reversed and cause remanded for further proceedings on authority of Littrell v. Wigglesworth and Clark v. Scarpelli. (No. 01-539 Submitted May 30, 2001 Decided August 8, 2001.) APPEAL from the Court of Appeals for Vinton County, No. 00CA541. __________________ The discretionary appeal is allowed. The judgment of the court of appeals is reversed, and the cause is remanded for further proceedings on the authority of Littrell v. Wigglesworth (2001), 91 Ohio St.3d 425, 746 N.E.2d 1077, and Clark v. Scarpelli (2001), 91 Ohio St.3d 271, 744 N.E.2d 719. MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY and PFEIFER, JJ., concur. COOK, J., concurs in judgment only. LUNDBERG STRATTON, J., dissents. __________________ Elk & Elk Co., L.P.A., and Todd O. Rosenberg, for appellants. Isaac, Brant, Ledman & Teetor, Steven G. LaForge and Barbara Kozar Letcher, for appellee Ohio Farmers Insurance Company. Mann & Preston, L.L.P., and Mark A. Preston, for appellee State Farm Mutual Automobile Insurance Company. __________________ 1

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