[This decision has been published in Ohio Official Reports at 94 Ohio St.3d 1247.]

ROESCH, APPELLANT, v. WARREN DISTRIBUTION/FLEET ENGINEERING RESEARCH ET AL.; CLARK OIL, APPELLEE. [Cite as Roesch v. Warren Distrib./Fleet Eng. Research, 2002-Ohio-1245.] Appeal dismissed as improvidently allowed. (No. 01-113—Submitted January 30, 2002—Decided March 20, 2002.) APPEAL from the Court of Appeals for Cuyahoga County, No. 77121. __________________ {¶ 1} The cause is dismissed, sua sponte, as having been improvidently allowed. MOYER, C.J., RESNICK, F.E. SWEENEY, COOK and LUNDBERG STRATTON, JJ., concur. DOUGLAS, J., dissents. PFEIFER, J., dissents and would reverse the judgment of the court of appeals. __________________ Paul V. Wolf, for appellant. Cleary & Associates Co., L.P.A., Timothy R. Cleary and Danielle Konrad Pitcock, for appellee. __________________

1