Delaware App. No. 09 CAA 02 0012, 2010-Ohio-307. Reported at 125 Ohio St.3d 1448, 2010-Ohio-2510, 927 N.E.2d 1128. On motion for reconsideration. The motion is granted to the following extent: The discretionary appeal is accepted on Proposition of Law No. II.
Lundberg Stratton, J., would also grant the motion as to Proposition of Law No. I.Pfeifer, Lanzinger, and Cupp, JJ., dissent.