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Torts keyed to Best
Baker v. Shymkiv
Citation:451 N.E.2d 811 (Ohio 1983)
On March 22, 1978, at 8 PM, Mary and Homer Baker were returning home when they found their driveway blocked by defendant’s car. Defendants were throwing tools into the trunk of their vehicle, and attempting to leave the premises. When the Bakers exited their own vehicle, they found a trench spanning about 1 foot in length, 1 ½ feet wide, and nearly 10 feet long. A drain tile had been placed in the trench so that water from defendant’s property could drain through the trench spanning plaintiff’s property and onto the property of an adjacent property owner.
Mr. Baker became visibly angry and approached defendant. They began to argue, but Mary Baker interceded. She subsequently left to call the police. On her return approximately three minutes later, she saw defendants driving away and her husband facedown in a puddle of mud. Emergency services arrived approximately 15 minutes later and transported Mr. Baker to the hospital. Mr. Baker was pronounced dead at 9:20 PM that evening.
Mary Baker has described her deceased husband as easy going and friendly. She has also stated that she had never seen her husband as angry as that night. Moreover, Mrs. Baker stated that her husband placed a great deal of pride in his maintenance and upkeep of their driveway, home, and yard where defendants dug the trench.
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