# Sumwalt v. Allstate Insurance

> Ohio Supreme Court · August 1, 1984 · 12 Ohio St. 3d 294

URL: https://www.frixlaw.com/law-library/cases/6758561

## Case

- **Full name:** Sumwalt v. Allstate Insurance Company
- **Court:** Ohio Supreme Court
- **Decided:** August 1, 1984
- **Citations:** 12 Ohio St. 3d 294; 12 Ohio B. 368; 466 N.E.2d 544; 1984 Ohio LEXIS 1212
- **Precedential status:** Published
- **Opinion:** Concurrence by Brown
- **Judges:** Brown, Celebrezze, Holmes, Locher, Only, Sweeney, Syllabus
- **Cited by:** 30 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6758561

## Opinion text

William B. Brown, J.,
concurring. This case involves, first and foremost, a question of the continued viability of intrafamily immunity. Indeed, it is unnecessary to indulge in the convoluted interpretation of the phrase “legally entitled to recover” until it has first been determined that intrafamily immunity would otherwise bar the action.
I have repeatedly made my position on the issue of intrafamily immunity clear. See Dorsey v. State Farm Mut. Auto. Ins. Co. (1984), 9 Ohio St. 3d 27, 30 (William B. Brown, J., concurring); Mauk v. Mauk (1984), 12 Ohio St. 3d 156, 160 (William B. Brown, J., dissenting). It is therefore unnecessary for me to repeat my prior concerns.
I concur in judgment only.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6758561. Public record. Not legal advice.