Shunkwiler v. Ohio Department of Transportation

Fred J. Shoemaker, Judge.

On October 15, 1988, plaintiffs decedent, Dirk Shunkwiler, was drinking alcoholic beverages at the Hot Air Balloon, a tavern located at the corner of Interstate 75 (“1-75”) and State Route 40 (“S.R. 40”). Mr. Shunkwiler was offered a ride home by Steven Kistler, but he refused, telling Kistler he wanted to go across the highway (S.R. 40) to Bruno’s, another drinking establishment. At the time, Mr. Shunkwiler was boisterous, obnoxious, and intoxicated.

Later, at approximately 8:35 p.m., Mr. Shunkwiler left the Hot Air Balloon establishment, probably to go to Bruno’s,…