Boyd v. Moore, et al., 919 N.E.2d 283 (Ohio Ct. App. 2009)

(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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