{¶ 1} The discretionary appeal is accepted on Proposition of Law No. I.
{¶ 2} The judgment of the court of appeals is reversed on the authority of Hyle v. Porter, 117 Ohio St.3d 165, 2008-Ohio-542, 882 N.E.2d 899.
Moyer, C.J., and Pfeifer, Lundberg Stratton, O’Connor, Lanzinger, and Cupp, JJ., concur. O’Donnell, J., dissents.