
    Geggie, a.k.a. Geggiee, Admr., Appellant, v. Cooper Tire & Rubber Company, Appellee.
    [Cite as Geggie v. Cooper Tire & Rubber Co., 95 Ohio St.3d 1223, 2002-Ohio-2583.]
    
      (No. 2001-1695
    Submitted April 23, 2002
    Decided June 19, 2002.)
    Siferd & McCluskey, L.P.A., and Richard E. Siferd; and Samuel W. Diller, for appellant.
    Jones, Day, Reavis & Pogue, Robert S. Walker and Colleen Conley; and Gregory E. Meyers, for appellee.
    Vorys, Sater, Seymour & Pease, L.L.P., Robin R. Obetz and Robert A. Minor, urging affirmance for amicus curiae Ohio Self-Insurers’ Assn.
   {¶ 1} The cause is dismissed, sua sponte, as having been improvidently allowed.

Moyer, C.J., Douglas, F.E. Sweeney, Cook and Lundberg Stratton, JJ., concur.

Resnick and Pfeifer, JJ., dissent.

Pfeifer, J.,

dissenting.

{¶ 2} I dissent from the majority’s decision to declare that this case was improvidently allowed. While it is not possible to determine whether Geggie’s claim is meritorious, I believe her pleadings were sufficient, pursuant to Fyffe v. Jeno’s, Inc. (1991), 59 Ohio St.3d 115, 570 N.E.2d 1108, paragraphs one and two of the syllabus, to survive a Civ.R. 12(B)(6) motion for dismissal.

Resnick, J., concurs in the foregoing dissenting opinion.  