A discretionary appeal is allowed, the judgment of the court of appeals is reversed on the authority of Cosgrove v. Williamsburg of Cincinnati Mgt. Co., Inc. (1994), 70 Ohio St.3d 281, 638 N.E.2d 991, and the cause is remanded to the trial court for further proceedings.
A.W. Sweeney, Douglas, Wright, Resnick and Pfeifer, JJ., concur. Moyer, C.J., concurs separately. F.E. Sweeney, J., dissents.