The cause is dismissed, sua sponte, as having been improvidently allowed. Moyer, C.J., Resnick, Pfeifer and Lundberg Stratton, JJ., concur. Douglas, J., dissents. F.E. Sweeney, J., dissents and would reverse the judgment of the court of appeals. Cook, J., dissents. Hoffman Legal Group, L.L.C., W. Andrew Hoffman III and Douglas S. Hunter, for appellant. Weston, Hurd, Fallon, Paisley & Howley, L.L.P., Gregory E. O’Brien and Daniel A. Richards, for appellee.