The judgment of the court of appeals is affirmed on the authority of Littrell v. Wigglesworth (2001), 91 Ohio St.3d 425, 746 N.E.2d 1077, and Clark v. Scarpelli (2001), 91 Ohio St.3d 271, 744 N.E.2d 719.

concurring. I concur in judgment on Propositions of Law Nos. I and II based on the reasoning set forth in my dissenting opinion in Littrell v. Wigglesworth (2001), 91 Ohio St.3d 425, 746 N.E.2d 1077, and in my opinion concurring in part and dissenting in part in Clark v. Scarpelli (2001), 91 Ohio St.3d 271, 744 N.E.2d 719. I would dismiss Proposition of Law III as having been improvidently allowed.