[This decision has been published in Ohio Official Reports at 94 Ohio St.3d 1252.]

FRIEMOTH, ADMR., APPELLANT, v. FRUEHAUF TRAILER CORPORATION ET AL.; TRAVELERS INDEMNITY COMPANY, APPELLEE. [Cite as Friemoth v. Fruehauf Trailer Corp., 2002-Ohio-1493.]

Appeal dismissed as improvidently allowed—Certification of conflict dismissed as improvidently certified due to want of a conflict. (Nos. 01-810 and 01-811—Submitted February 27, 2002—Decided April 3, 2002.)

APPEAL from and CERTIFIED by the Court of Appeals for Allen County, No. 1-2000-78. __________________ {¶ 1} The cause is dismissed, sua sponte, as having been improvidently allowed in case No. 01-810. {¶ 2} The certification of conflict in case No. 01-811 is dismissed, sua sponte, as having been improvidently certified; there is a want of a conflict.

MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, COOK and LUNDBERG STRATTON, JJ., concur.

PFEIFER, J., dissents and would affirm the judgment of the court of appeals. __________________ Gallon & Takacs Co., L.P.A., and Kevin J. Boissoneault, for appellant.

Benesch, Friedlander, Coplan & Aronoff LLP, David W. Mellott, Edward J. Stoll, Jr., and Mark D. Tucker, for appellee. __________________