dissenting. I respectfully dissent for the reasons set forth in the dissenting opinions of Chief Justice Moyer and Justice Cook in Holeton v. Crouse Cartage Co. (2001), 92 Ohio St.3d 115, 135-142, 748 N.E.2d 1111, 1128-1135.

The judgment of the court of appeals is reversed, and the cause is remanded to the trial court for further proceedings on the authority of Holeton v. Crouse Cartage Co. (2001), 92 Ohio St.3d 115, 748 N.E.2d 1111.