SWEENEY, J.
In denying defendants-appellees' motion for summary judgment the trial court stated that deposition testimony of Linda Strayer and Mark Lindeman "clearly indicate[d] that Sylvester Brown was not the agent or servant of Mark A. Lindeman and/or Rita C. Lindeman at the time of the fire, but was an independent contractor." The court noted, however, that R. C. 5321.04(A) provides: "A landlord who is a
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