Buckley v. Wintering

{¶ 1} The motion for reconsideration of the judgment of November 5, 2003, found at 100 Ohio St.3d 302, 2003-Ohio-5888, 798 N.E.2d 1077, is granted.

{¶ 2} The court of appeals’ February 25, 2003 judgment is vacated.

{¶ 3} The court of appeals’ December 17, 2002 judgment is affirmed on the authority of Westfield Ins. Co. v. Galatis, 100 Ohio St.3d 216, 2003-Ohio-5849, 797 N.E.2d 1256.

Moyer, C.J., Lundberg Stratton, O’connor and O’Donnell, JJ., concur. Resnick, F.E. Sweeney and Pfeifer, JJ., dissent.