SMITH v. TRAVELERS INS. CO.

No. 76-1046.

50 Ohio St. 2d 43 (1977)

SMITH ET AL., APPELLANTS, v. TRAVELERS INSURANCE COMPANY, APPELLEE.

Supreme Court of Ohio.

Decided April 27, 1977.


Attorney(s) appearing for the Case

Mr. Philip Q. Zauderer, for appellants.

Messrs. McNamara & McNamara, Mr. Dennis D. Liston and Mr. John L. Miller, for appellee.


Per Curiam.

The specific question certified below is as follows:

"Whether a single cause of action for personal injuries may be divided to the extent that an insurer, subrogated to the medical payments claim assigned by the insured, may prosecute this claim in a separate action against the tortfeasor?"

In the opinion written by Judge Holmes, the Court of Appeals below stated: "We feel that the...

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