Discretionary cross-appeal accepted on Proposition of Law No. I.
PFEIFER, LUNDBERG STRATTON, and O'DONNELL, JJ., dissent.
Appellee/cross-appellants' motion to clarify the docket is granted. The court determines that a conflict exists, and the court will answer the question certified. The parties are to brief the issue stated at page 1 of the court of appeals Journal Entry filed October 21, 2008, as follows:
"Whether a plaintiff pursuing a claim for...
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