- Ag Docket
(excavator cut electrical and telephone lines while digging fencepost holes which created an electrical "surge" and caused damages to an adjacent business - a tanning salon; excavator liable on negligence per se theory for violation of state statute which required excavators to notify Ohio Utilities Protection Service (OUPS) before digging; statute not intended for sole benefit of OUPS and imposes a specific, non-delegable duty on excavators with purposes of protecting the public and underground utilities; trial court judgment against landowner for $13,378.50 in compensatory damages and $500 in punitive damages upheld, but trial court judgment finding excavator not liable reversed and case remanded).
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