[This decision has been published in Ohio Official Reports at 94 Ohio St.3d 1248.]

NITCHMAN, ADMR., APPELLANT, v. NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, APPELLEE. [Cite as Nitchman v. Nationwide Mut. Fire Ins. Co., 2002-Ohio-1243.]

Appeal dismissed as improvidently allowed. (No. 01-446—Submitted February 6, 2002—Decided March 20, 2002.)

APPEAL from the Court of Appeals for Lorain County, No. 99CA007506. __________________ {¶ 1} The cause is dismissed, sua sponte, as having been improvidently allowed.

MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER, COOK and LUNDBERG STRATTON, JJ., concur. __________________ Owens & Martin Co., L.P.A., William W. Owens and Timothy L. Cardwell, for appellant.

Weston Hurd Fallon Paisley & Howley L.L.P., Timothy D. Johnson, Gregory E. O’Brien and Shawn W. Maestle, for appellee.

Elk & Elk Co., L.P.A., and Todd O. Rosenberg, urging reversal for amicus curiae Ohio Academy of Trial Lawyers. __________________