Young v. Village of Sardinia

Powell, Judge.

On May 15, 1991, Elwood Patrick parked his dump truck on the edge of the roadway in front of his residence at 148 Maple Avenue in Sardinia, Ohio. Patrick entered the home and checked the messages on his telephone answering machine. Patrick then returned to the dump truck and climbed into the driver’s seat. Patrick started the engine and looked in the truck’s side-view mirror. Patrick saw a Nissan pick-up truck approaching from the rear.

As Patrick was waiting for the pick-up truck to pass, he looked forward and saw eight-year-old Travis Young chase a ball in front of the dump…