Miller v. Fling

Ohio Supreme Court
Miller v. Fling, 1993 Ohio 121 (Ohio 1993)
68 Ohio St. 3d 95
Sweeney, Douglas, Resnick, Pfeifer, Moyer, Wright

Miller v. Fling

Opinion of the Court

Pursuant to Savoie v. Grange Mut. Ins. Co. (1993), 67 Ohio St.3d 500, 620 N.E.2d 809, the judgment of the Court of Appeals for Marion County is reversed.

A.W. Sweeney, Douglas, Resnick, F.E. Sweeney and Pfeifer, JJ., concur. Moyer, C.J., concurs separately. Wright, J., dissents.

Concurring Opinion

Moyer, C.J.,

concurring separately. I concur separately in the judgment entry in the above-styled case. As my dissent in Savoie v. Grange Mut. Ins. Co. (1993), 67 Ohio St.3d 500, 620 N.E.2d 809, stated, I do not agree with the law announced in the majority decision. Nevertheless, it is the law on the issue in the above-styled case. As I believe all parties should receive equal application of the law announced by this court, and only for that reason, I concur in the judgment entry.

Dissenting Opinion

Wright, J.,

dissenting. I must dissent in continuing protest to the majority’s sundry holdings in Savoie v. Grange Mut. Ins. Co. (1993), 67 Ohio St.3d 500, 620 N.E.2d 809. As stated in the dissent in Savoie, that holding lacks sound reasoning, reverses ten years of established case law and flouts the will of the General Assembly. Thus, I feel compelled to remain in this posture until the General Assembly has had the opportunity to undo the damage caused to the public by this unfortunate, result-oriented decision.

Reference

Full Case Name
Miller, Appellant, v. Fling; All America Insurance Company, Appellee
Status
Published