The judgment of the court of appeals is reversed and the cause is remanded to the trial court to apply Painter v. Graley (1994), 70 Ohio St.3d 377, 639 N.E.2d 51, decided today.
A.W. Sweeney, Douglas, Resnick and Pfeifer, JJ., concur. *395Moyer, C.J., and Wright, J., dissent. F.E. Sweeney, J., not participating.