ROSS v. TOM REITH, INC

The discretionary appeal is allowed. The judgment of the court of appeals is reversed and the cause is remanded to the trial court on the authority of Brennaman v. R.M.I. Co. (1994), 70 Ohio St.3d 460, 639 N.E.2d 425.

MOYER, C.J., DOUGLAS, WRIGHT, RESNICK, F.E. SWEENEY and PFEIFER, JJ., concur.

COOK, J., not participating.