{¶ 1} The discretionary appeal is accepted on Proposition of Law I.

{¶ 2} The judgment of the court of appeals is vacated, and the cause is remanded to the court of appeals for application of the Eighth District’s en banc decision in DiGiorgio v. Cleveland, 196 Ohio App.3d 575, 2011-Ohio-5824, 964 N.E.2d 495.