BURNETT, Appellee,
v.
MOTORISTS MUTUAL INSURANCE COMPANY, Appellant, et al.
Supreme Court of Ohio.https://leagle.com/images/logo.png
Submitted March 12, 2008.
Decided June 17, 2008.
Attorney(s) appearing for the Case
Anzellotti, Sperling, Pazol & Small Co., L.P.A., James L. Pazol, Robert D. Vizmeg, and Raymond J. Tisone, for appellee.
Day Ketterer, Ltd., Merle D. Evans III, and Jude B. Streb, for appellant.
Paul W. Flowers Co., L.P.A., and Paul W. Flowers; and the DiCello Firm and Robert F. DiCello, urging affirmance for amicus curiae, Ohio Association for Justice.
Supreme Court of Ohio.
O'CONNOR, J.
{¶ 1} Defendant-appellant, Motorists Mutual Insurance Company ("Motorists"), appeals from a decision of the Eleventh District Court of Appeals holding former R.C. 3937.18(K)(2) unconstitutional for violating the Equal Protection Clauses of the Ohio and United States Constitutions when that statute is read in conjunction with former R.C. 3937.18(J)(1). For the reasons that follow, based largely upon our decision in Kyle v. Buckeye...
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