[This decision has been published in Ohio Official Reports at 91 Ohio St.3d 1201.]

LONAS ET AL., APPELLANTS, v. KAIL, APPELLEE. [Cite as Lonas v. Kail, 2001-Ohio-228.]

Appeal dismissed as improvidently allowed. (No. 00-448—Submitted December 12, 2000—Decided January 31, 2001.)

APPEAL from the Court of Appeals for Harrison County, No. 491. __________________ {¶ 1} The cause is dismissed, sua sponte, as having been improvidently allowed.

MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY and PFEIFER, JJ., concur.

COOK and LUNDBERG STRATTON, JJ., dissent. __________________ LUNDBERG STRATTON, J., dissenting. {¶ 2} I respectfully dissent and would, instead, affirm the judgment of the court of appeals.

COOK, J., concurs in the foregoing dissenting opinion. __________________ Steven G. Thomakos, for appellants.

Tate & Renner and Richard R. Renner, for appellee.

Betty D. Montgomery, Attorney General, and Cheryl J. Nester, Assistant Attorney General, urging affirmance for amicus curiae, Industrial Commission of Ohio. __________________