Opinion
No. 2010-1192.
Submitted September 28, 2010.
Decided November 2, 2010.
APPEAL from the Court of Appeals for Miami County, No. 2009 CA 26, 2010-Ohio-2394.
Volkema, Thomas, Miller Scott, Michael S. Miller, and Warner M. Thomaas Jr., for appellees.
Freund, Freeze Arnold, Gordon D. Arnold, and Patrick J. Janis, for appellant.
{¶ 1} The discretionary appeal is accepted on Proposition of Law No. I.
{¶ 2} The judgment of the court of appeals is reversed on the authority of Pettiford v. Aggarwal, 126 Ohio St.3d 413, 2010-Ohio-3237, 934 N.E.2d 913, and the cause is remanded to the court of appeals for further proceedings consistent "with Pettiford v. Aggarwal.
LUNDBERG STRATTON, O'CONNOR, O'DONNELL, LANZINGER, and CUPP, JJ., concur.
BROWN, C.J., and PFEIFER, J., dissent and would not accept the discretionary appeal.