BURNETT v. MOTORISTS MUT. INS. CO.

No. 2006-T-0085.

2008 Ohio 4984

Elizabeth Burnett, Plaintiff-Appellant, v. Motorists Mutual Insurance Companies, et al., Defendant-Appellee.

Court of Appeals of Ohio, Eleventh District, Trumbull County.

September 26, 2008.


Attorney(s) appearing for the Case

James L. Pazol and Raymond J. Tisone, Anzellotti, Sperling, Pazol & Small Co., L.P.A., 21 North Wickliffe Circle, Youngstown, OH 44515, for Plaintiff-Appellant.

Merle D. Evans, III, Day Ketterer Ltd., Millennium Centre, #300, 200 Market Avenue North, Canton, OH 44701-4213, for Defendant-Appellee.


OPINION

MARY JANE TRAPP, J.

{¶1} This case returns to us after being heard by the Supreme Court of Ohio on the certified issue of whether former R.C. 3937.18 provisions (J)(1) and (K)(2) violate the equal protection clauses of the Ohio and United States Constitution. Having answered in the negative, the court reversed our initial determination, and we now address the remaining arguments of appellant's appeal.

{¶2} Substantive...

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