ROGERS
v.
CITY OF DAYTON ET AL., Appellees;
STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., Appellant.
Supreme Court of Ohio.https://leagle.com/images/logo.png
Submitted January 8, 2008.
Decided May 21, 2008.
Attorney(s) appearing for the Case
Gallagher, Gams, Pryor, Tallan & Littrell, L.L.P., and Mark H. Gams, for appellant.
Patrick J. Bonfield, Dayton Law Director, John J. Danish, Deputy Law Director, and John C. Musto, Assistant City Attorney, for appellees city of Dayton and Earl Moreo.
Stephen L. Byron and John Gotherman, urging affirmance for amicus curiae, the Ohio Municipal League.
Supreme Court of Ohio.
LUNDBERG STRATTON, J.
{¶ 1} This is a dispute between the city of Dayton, appellee, and State Farm Mutual Automobile Insurance Company ("State Farm"), appellant. We must decide which party is primarily liable for the alleged negligence of a city of Dayton employee who, while driving a city vehicle, apparently caused an accident that injured the plaintiff. To answer this question, we must interpret former R.C. 3937.18(K)(3), 148 Ohio...
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