Legal Opinion

Boyd v. Moore

Ohio Court of Appeals

Decided September 25, 2009No. 08-CA-30PublishedCited by 7 opinions

1Opinion of the Court

Brogan, Judge.

{¶ 1} This appeal is brought by Melissa Boyd from a trial court’s entry of judgment, after a bench trial, that finds Jonathan Heizer not liable for damages to Boyd’s business incurred after Heizer severed underground electrical and telephone cables while digging fence-post holes on adjacent property. Boyd contends that Heizer is liable for negligence per se because he violated R.C. 3781.28(A) by failing to notify the Ohio Utilities Protection Service (“OUPS”) before he began digging. We agree.

I

{¶ 2} Russell Knox1 agreed to buy a parcel of property from his sister Marilyn Moore.…

2Cases cited14 opinions

  1. Mussivand v. DavidOhio Supreme Court · 1989
  2. Kernan v. American Dredging Co.Supreme Court of the United States · 1958
  3. Chambers v. St. Mary's SchoolOhio Supreme Court · 1998
  4. Lang v. Holly Hill Motel, Inc.Ohio Supreme Court · 2009
  5. Swoboda v. BrownOhio Supreme Court · 1935

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3Cited by7 opinions

  1. Thies v. WheelockOhio Court of Appeals · 2017
  2. Kidd v. AlfanoOhio Court of Appeals · 2016
  3. Cincinnati Bell Telephone Co., L.L.C. v. J.K. Meurer Corp.Ohio Court of Appeals · 2022
  4. Lucas v. Eclipse Cos., L.L.C.Ohio Court of Appeals · 2023
  5. Vectren Energy Delivery of Ohio, Inc. v. HuberOhio Court of Appeals · 2013

2 more not listed; retrieve them via the Exa API.

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