Baker v. Shymkiv

Facts

As Homer and Mary Baker (Plaintiffs) drove into their driveway, they saw their neighbors, John Shymkiv and his wife (Defendants), throwing equipment in the trunk of their car. When Plaintiffs exited their car, they saw that a trench had been dug across their driveway. The trench had drain tile, which allowed water from Defendants’ property drain from their property to a neighboring landowner’s property. When Homer yelled at John, Mary went inside to call the police. As soon as she returned a few minutes later, Mary found Homer face down on the driveway. Mary also saw Defendants drive away. Homer subsequently died. On behalf of Homer’s estate, Mary filed a wrongful death lawsuit against Defendants. Mary sought damages for her own pecuniary loss as well as compensatory and punitive damages for Defendants’ trespass. At trial, the jury was instructed that Mary’s damages must have been foreseen or reasonably anticipated as likely to follow from the trespass, and that this had to be found in order for Defendants to be found liable. As a result, the jury found in favor of Defendants. After Mary appealed, the court of appeals reversed because of the error in the jury instruction. The Ohio Supreme Court subsequently granted certiorari.