{¶ 1} The judgment of the court of appeals on the issue raised in appellant's Proposition of Law No. IV is reversed on the authority of Hess v. Norfolk S. Ry. Co., 106 Ohio St.3d 389, 2005-Ohio-5408, ___ N.E.2d ___, and the cause is remanded to the trial court for application of Hess.
RESNICK, PFEIFER, LUNDBERG STRATTON, O'CONNOR and O'DONNELL, JJ., concur.
MOYER, C.J., and LANZINGER, J., dissent.