The discretionary appeal is allowed.
The judgment of the court of appeals is reversed, and the cause is remanded for further proceedings on the authority of Littrell v. Wigglesworth (2001), 91 Ohio St.3d 425, 746 N.E.2d 1077, and Clark v. Scarpelli (2001), 91 Ohio St.3d 271, 744 N.E.2d 719.
Moyer, C.J., Douglas, Resnick, F.E. Sweeney and Pfeifer, JJ., concur.
Cook, J., concurs in judgment only.
Lundberg Stratton, J., dissents.