Erie Ins. Co. v. Howard, Unpublished Decision (9-29-2004)

DECISION AND JOURNAL ENTRY

{¶ 1} This is an appeal from the findings of fact and conclusions of law of the Akron Municipal Court in a bench trial arising from an automobile accident. For the following reasons, the trial court's determination of damages is reversed except for the costs of the rental car.

I

{¶ 2} The facts in this case are not disputed. On October 24, 2002, Mary Harvey, the daughter of appellee, was involved in an accident with appellant Jason Howard. Ms. Harvey was driving her father's leased automobile which was insured by appellee Erie Insurance Co. ("Erie").

{¶ 3} After the…