Geggie, a.k.a. Geggiee, Admr., Appellant, v. Cooper Tire & Rubber Company, Appellee

{¶ 1} The cause is dismissed, sua sponte, as having been improvidently allowed. Moyer, C.J., Douglas, F.E. Sweeney, Cook and Lundberg Stratton, JJ., concur. Resnick and Pfeifer, JJ., dissent.

Pfeifer, J.,

dissenting.

{¶ 2} I dissent from the majority’s decision to declare that this case was improvidently allowed. While it is not possible to determine whether Geggie’s claim is meritorious, I believe her pleadings were sufficient, pursuant to Fyffe v. Jeno’s, Inc. (1991), 59 Ohio St.3d 115, 570 N.E.2d 1108, paragraphs one and two of the syllabus, to survive a Civ.R. 12(B)(6) motion for dismissal. Resnick, J., concurs in the foregoing dissenting opinion.