Cincinnati Bell Telephone Co., L.L.C. v. J.K. Meurer Corp.

Citations

• 185 N.E.3d 632
• 2022 Ohio 540

Syllabus

NEGLIGENCE PER SE — R.C. 3781.28(A) — EXCAVATOR — R.C. 3781.25(J) — STATUTORY INTERPRETATION — CAUSATION — DAMAGES — DIRECTED VERDICT: The trial court did not err in holding that a construction company was liable for causing damage to underground utility lines, because the construction company was excavating as defined by R.C. 3781.25(I) and the construction company's failure to contact the Ohio Utility Protection Service before excavating a driveway in violation of R.C. 3781.28(A) constituted per se negligence, and the utility company offered proof of causation and damages. The trial court did not err when it denied defendant construction company's motion for a directed verdict after plaintiff utility company produced evidence of the essential elements of its negligence claim.