Opinion
Nos. 2003-0878, 2003-1018.
Submitted October 13, 2004.
Decided November 10, 2004.
Appeal from and Certified by the Court of Appeals for Ross County, No. 02CA2653, 2003-Ohio-1708.
Freund, Freeze Arnold and Kevin C. Connell, for appellant.
{¶ 1} The judgment of the court of appeals is reversed and the cause is remanded to the court of appeals for consideration of the remaining assignment of error and disposition in accordance with Kyle v. Buckeye Union Ins. Co., 103 Ohio St.3d 170, 2004-Ohio-4885, 814 N.E.2d 1195.
Moyer, C.J., Lundberg Stratton, O'Connor and O'Donnell, JJ., concur.
Resnick, F.E. Sweeney and Pfeifer, JJ., dissent.