*229The judgment of the court of appeals is affirmed consistent with the opinion of the court of appeals.
Moyer, C.J., Pfeifer, Cook and Lundberg Stratton, JJ., concur. Douglas, Resnick and F.E. Sweeney, JJ., dissent.*229The judgment of the court of appeals is affirmed consistent with the opinion of the court of appeals.
Moyer, C.J., Pfeifer, Cook and Lundberg Stratton, JJ., concur. Douglas, Resnick and F.E. Sweeney, JJ., dissent.