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

JUSTICE, ADMR., ET AL., APPELLANTS, v. STATE FARM INSURANCE COMPANY, APPELLEE. [Cite as Justice v. State Farm Ins. Co., 2002-Ohio-345.]

Appeal dismissed as improvidently allowed. (No. 00-2156—Submitted December 12, 2001—Decided January 30, 2002.)

APPEAL from the Court of Appeals for Licking County, No. 2000CA29. __________________ {¶ 1} The cause is dismissed, sua sponte, as having been improvidently allowed.

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

COOK, J., dissents. __________________ COOK, J., dissenting. {¶ 2} I respectfully dissent. Instead of dismissing this case as improvidently allowed, I would affirm the judgment of the court of appeals. __________________ Calhoun, Kademenos & Heichel Co., L.P.A., and Janet L. Phillips, for appellants.

Gallagher, Gams, Pryor, Tallan & Littrell L.L.P., and James R. Gallagher, for appellee. __________________