The judgment of the court of appeals is reversed on the authority of Fyffe v. Jeno's, Inc. (1991), 59 Ohio St.3d 115, 570 N.E.2d 1108, and the cause is remanded to the trial court for further proceedings.
DOUGLAS, RESNICK, F.E. SWEENEY and PFEIFER, JJ., concur.
MOYER, C.J., WRIGHT and COOK, JJ., dissent and would affirm the judgment of the court of appeals.