{¶ 1} The cause is dismissed, sua sponte, as having been improvidently allowed. Moyer, C.J., Grady, Pfeifer, Harsha and Lundberg Stratton, JJ., concur. Douglas, J., dissents.
F.E. Sweeney, J., dissents and would reverse the judgment of the court of appeals. Thomas J. Grady, J., of the Second Appellate District, sitting for Resnick, J. William H. Harsha III, of the Fourth Appellate District, sitting for Cook, J.