As to Proposition of Law No. 1, the judgment of the court of appeals is affirmed on the authority of Cole v. Holland (1996), 76 Ohio St.3d 220, 667 N.E.2d 353.
As to Proposition of Law No. 2, the appeal is dismissed, sua sponte, as having been improvidently allowed.
Douglas, Resnick, F.E. Sweeney and Pfeifer, JJ., concur. Moyer, C.J., and Cook, J., dissent on Proposition of Law No. 1 and concur on Proposition of Law No. 2. Stratton, J., not participating.