
    2010-1970.
    Essman v. Portsmouth.
   Scioto App. No. 09CA3325, 2010-Ohio-4837. Discretionary appeal accepted on Proposition of Law Nos. I and II, and cause consolidated with 2010-2253, Essman v. Portsmouth, Scioto App. No. 09CA3325, 2010-Ohio-4837.

O’Connor, C.J., would accept the appeal on Proposition of Law No. II only.

Cupp, J., would accept the appeal on Proposition of Law No. I only.

Pfeifer and O’Donnell, JJ., dissent.  