Howard v. Dodson
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1 HOWARD 2 INDEMNITY COMPANY, APPELLEE. 3 [Cite as Howard v. Dodson (1996), ___ Ohio St.3d ___.] 4 Insurance -- Uninsured motorist provision -- R.C. 3937.18 and public policy 5 preclude contract provision requiring physical contact for recovery -- 6 Corroborative evidence test applied in cases where unidentified 7 driver s negligence causes injury. 8 (No. 96-160 -- Submitted May 21, 1996 -- Decided July 3, 1996.) 9 APPEAL from the Court of Appeals for Franklin County, No. 95APE06- 10 ET AL., APPELLANTS, V. DODSON 13 14 15 16 17 18 APPELLANTS; MIDWESTERN 780. _________ 11 12 ET AL., Tsitouris & Gerrity and Timothy D. Gerrity, for appellants Barbara L. Howard, Daniel Howard, Nancy E. Ives and Ronald Ives. Lane, Alton & Horst and William Scott Lavelle, for appellants Garry W. Dodson and HBL Automotive, Inc., d.b.a. Lindsay Accura. Isaac, Brant, Ledman & Teetor, Donald L. Anspaugh and Joanne S. Peters, for appellee. _________ 1 The discretionary appeal is allowed. The judgment of the court of 2 appeals is reversed on the authority of Girgis v. State Farm Mut. Auto. Ins. 3 Co. (1996), 75 Ohio St.3d 302, 662 N.E.2d 280, and the cause is 4 remanded to the trial court for further proceedings. 5 6 MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER, COOK and STRATTON, JJ., concur. 7 2
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