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DAVIS v. DEMBEK

No. 2003-0054.

99 Ohio St.3d 49 (2003)

2003-Ohio-2462

DAVIS, APPELLANT AND CROSS-APPELLEE, v. DEMBEK, APPELLEE; TRANSCONTINENTAL INSURANCE COMPANY ET AL., APPELLEES AND CROSS-APPELLANTS.

Supreme Court of Ohio.

Decided May 16, 2003.

Attorney(s) appearing for the Case

Clark, Perdue, Roberts & Scott Co., L.P.A., and Paul O. Scott, for appellant and cross-appellee.

Keener, Doucher, Curley & Patterson, L.P.A., and Thomas J. Keener, for appellees and cross-appellants Transcontinental Insurance Company and Continental Casualty Company.

{¶ 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-Owners 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.<...

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