Ohio Supreme Court May 16, 2003, No. 2003-0054 (Davis v. Dembek)

lead-opinion

{¶ 1} The discretionary appeal is allowed.

{¶ 2} The judgment of the court of appeals is reversed, and the cause is remanded to the trial court to apply Ferrando v. Auto-Oimers Mut. Ins. Co., 98 Ohio St.3d 186, 2002-Ohio-7217, 781 N.E.2d 927.

{¶ 3} The cross-appeal is denied.

Moyer, C.J., Resnick, F.E. Sweeney, Pfeifer and Cook, JJ., concur.

Lundberg Stratton, J., dissents.