Opinion
No. 2002-2242.
Submitted March 25, 2003.
Decided May 16, 2003.
Appeal from the Court of Appeals for Richland County, No. 02 CA 27, 2002-Ohio-6311.
Robert J. Vecchio Co., L.P.A., and Robert J. Vecchio, for appellants.
Lutz Oxley Co., L.P.A., Fred M. Oxley and Erin N. Cahill, for appellee.
{¶ 1} The discretionary appeal on Proposition of Law No. I is allowed. Briefing is to proceed on Proposition of Law No. I.
{¶ 2} The cause is allowed on Proposition of Law No. II. The judgment is reversed, and the cause is remanded for further proceedings on Proposition of Law No. II consistent with Hubbard v. Canton City School Dist. Bd. of Edn., 97 Ohio St.3d 451, 2002-Ohio-6718, 780 N.E.2d 543.
Moyer, C.J., Resnick, F.E. Sweeney, Pfeifer, Lundberg Stratton, and O'Connor, JJ., concur.
Cook, J., dissents.