
    2009-2148.
    Battaglia v. Conrail.
   Lucas App. No. L-08-1332, 2009-Ohio-5505. Reported at 124 Ohio St.3d 1477, 2010-Ohio-354, 921 N.E.2d 248. On motion for reconsideration. Motion denied.

Moyer, C.J., and Lundberg Stratton, J., dissent and would grant the motion and accept the appeal on Proposition of Law Nos. I and II.

O’Connor, J., dissents and would grant the motion and accept the appeal on Proposition of Law No. II.  