[Cite as Presley v. Fraley, 123 Ohio St.3d 238, 2009-Ohio-5255.]

PRESLEY, ADMR., APPELLEE, v. FRALEY, APPELLANT. [Cite as Presley v. Fraley, 123 Ohio St.3d 238, 2009-Ohio-5255.] Discretionary appeal accepted, and judgment of the court of appeals reversed on the authority of Eppley v. Tri-Valley Local School Dist. Bd. of Edn. (No. 2009-0608 — Submitted September 1, 2009 — Decided October 6, 2009.) APPEAL from the Court of Appeals for Franklin County, No. 08AP-767, 2009-Ohio-1558. __________________ {¶ 1} The discretionary appeal is accepted. {¶ 2} The judgment of the court of appeals is reversed on the authority of Eppley v. Tri-Valley Local School Dist. Bd. of Edn., 122 Ohio St.3d 56, 2009- Ohio-1970, 908 N.E.2d 401. MOYER, C.J., and LUNDBERG STRATTON, O’CONNOR, O’DONNELL, LANZINGER, and CUPP, JJ., concur. PFEIFER, J., dissents. __________________ Jones Day, Shawn J. Organ, Matthew C. Corcoran, and Zachary C. Bolitho, for appellant. ______________________