The judgment of the court of appeals is reversed, and the cause is remanded to the trial court for further proceedings on the authority of Holeton v. Crouse Cartage Co. (2001),
MOYER, C.J., DOUGLAS, F.E. SWEENEY and PFEIFER, JJ., concur.
COOK, J., dissents.
LUNDBERG STRATTON, J., dissents.
RESNICK, J., not participating.
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