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CINCINNATI INS. CO. v. PHILLIPS

No. 88-401.

52 Ohio St. 3d 162 (1990)

CINCINNATI INSURANCE COMPANY, APPELLEE, v. PHILLIPS ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided July 3, 1990.

Attorney(s) appearing for the Case

Baden, Jones, Scheper & Crehan Co., L.P.A., and Thomas P. Erven, for appellee.

Young & Alexander Co., L.P.A., and Mark R. Chilson, for appellants Phillipses.

John H. Metz, for appellants Thompsons.

Hamilton, Kramer, Myers & Cheek and James R. Gallagher, urging affirmance for amicus curiae, State Farm Mutual Automobile Insurance Co.

Martha A. Churchill, urging affirmance for amicus curiae, Mid-America Legal Foundation.

SWEENEY, J.

Upon rehearing the cause before us, we believe that this court's original decision in Cincinnati Ins. I was clearly erroneous and would, if not rectified, create much confusion in this difficult area of the law. Since we firmly believe that Ohio law as interpreted in our prior decision in Wood v. Shepard (1988), 38 Ohio St.3d 86, 526 N.E.2d 1089, demands that the wrongful death statutes ...

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