Opinion
No. 00-1224.
Submitted May 16, 2001.
Decided July 5, 2001.
Appeal from the Court of Appeals for Licking County, No. 99CA00064.
Swedlow, Butler, Levine, Lewis Dye Co., L.P.A., Jeffrey M. Lewis and Brett Lieberman, for appellants.
Gallagher, Gams, Pryor, Tallan Littrell, L.L.P., and James R. Gallagher, for appellee.
The judgment of the court of appeals is affirmed 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.
Douglas, Resnick, F.E. Sweeney and Pfeifer, JJ., concur.
Moyer, C.J., Cook and Lundberg Stratton, JJ., concur in judgment.
I concur in judgment based on the reasoning set forth in my dissenting opinion in Littrell v. Wigglesworth (2001), 91 Ohio St.3d 425, 746 N.E.2d 1077, and in my opinion concurring in part and dissenting in part in Clark v. Scarpelli (2001), 91 Ohio St.3d 271, 744 N.E.2d 719.
Moyer, C.J., and Lundberg Stratton, J., concur in the foregoing opinion.