The judgment of the court of appeals is affirmed consistent with the opinion of the court of appeals.
*272Moyer, C.J., Resnick, F.E. Sweeney, Pfeifer, Cook and Lundberg Stratton, JJ., concur. Douglas, J., dissents.The judgment of the court of appeals is affirmed consistent with the opinion of the court of appeals.
*272Moyer, C.J., Resnick, F.E. Sweeney, Pfeifer, Cook and Lundberg Stratton, JJ., concur. Douglas, J., dissents.