128 Ohio St. 3d 270
Ohio
2010

{¶ 1} The discretionary appeal is accepted on Proposition of Law No. I.

{¶ 2} The judgment of the court of appeals is affirmed in judgment only on the authority of Campbell v. Carlisle, 127 Ohio St.3d 275, 2010-Ohio-5707, 939 N.E.2d 153, and the cause is remanded to the trial court for application of Campbell v. Carlisle.

Lundberg Stratton, O’Connor, O’Donnell, and Lanzinger, JJ., concur. Brown, C.J., and Pfeifer and Cupp, JJ., dissent and would not accept the discretionary appeal.