Granted. Judgment of the court of appeal is reversed. Judgment of the trial court dismissing plaintiff's case is reinstated.

CALOGERO, C.J., would grant and docket and have a studied authored opinion; thus dissents from the summary disposition which results in disposition finally of plaintiff's case, in fact a dismissal with prejudice.

KIMBALL, J., would grant and docket.

LEMMON, J., not on panel.