[This decision has been published in Ohio Official Reports at 94 Ohio St.3d 1211.]

WORLEY, APPELLANT, v. COOPER TIRE & RUBBER COMPANY, APPELLEE. [Cite as Worley v. Cooper Tire & Rubber Co., 2002-Ohio-346.] Appeal dismissed as improvidently allowed. (No. 00-2155—Submitted November 28, 2001—Decided January 30, 2002.) APPEAL from the Court of Appeals for Hancock County, No. 5-2000-16. __________________ {¶ 1} The cause is dismissed, sua sponte, as having been improvidently allowed. MOYER, C.J., F.E. SWEENEY, PFEIFER, COOK and LUNDBERG STRATTON, JJ., concur. DOUGLAS and RESNICK, JJ., dissent. __________________ Connelly, Jackson & Collier L.L.P., Steven P. Collier and Janine T. Avila, for appellant. Jones, Day, Reavis & Pogue, Robert S. Walker and Paula Batt Wilson, for appellee. Spangenberg, Shibley & Liber L.L.P. and Justin F. Madden, in support of appellant, for amicus curiae Ohio Academy of Trial Lawyers. __________________

1