concurring. I concur in the judgment reached by the majority, but for the reasons set forth in my dissent in Simon v. Zipperstein (1987), 32 Ohio St. 3d 74, 77, 512 N.E. 2d 636, 639.1 do not believe that the concept of privity should be used for making decisions in tort law. Rather, the analysis should be made on the basis of “duty” and “foreseeability.”