¶1dissenting.
¶2As Justice Oliver Wendell Holmes said in one of his most famous aphorisms, “hard cases make bad law.” This is, at least in some ways, a hard case, and with the majority’s decision, this court has made some very bad law indeed. In the not too distant future, we, or the Supreme Court, will find it necessary either to limit significantly the application of the majority opinion’s holding in Division 1 or overrule it altogether.