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