Ohio Supreme Court April 14, 2004, Nos. 2002-1815 and 2002-2008 (Theobald v. University of Cincinnati)

{¶ 1} This consolidated appeal came to this court upon (1) this court’s acceptance of a discretionary appeal and (2) the certification of the Tenth District Court of Appeals that its judgment conflicted with the judgment of the First District Court of Appeals in Johns v. Horton, 149 Ohio App.3d 252, 2002-Ohio-3802, 776 N.E.2d 1146.