Cuyahoga App. No. 91543, 2009-Ohio-3307. Reported at 123 Ohio St.3d 1497, 2009-Ohio-6015, 916 N.E.2d 1075. On motion for reconsideration. The motion is granted to the following extent: The discretionary appeal is accepted.
O’Connor, O’Donnell, and Cupp, JJ., dissent.
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