Baker v. Shymkiv

451 N.E.2d 811 (1983)

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Nature of the Case

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Facts

It was night, and P, and his wife were turning into their driveway when they saw D and his wife throwing equipment into the trunk of D’s car. P existed their car and immediately noticed a two-foot deep trench had been dug across their driveway. The trench was built to be a drain from D’s property through P’s to a neighbor’s land. P and D began to yell at each other. P’s wife told them to calm down and left to call the police. She returned a few minutes later to find P dead with D driving away. P sued D for wrongful death. The court instructed the jury that before damages could be recovered, P must have foreseen them or reasonably anticipate them from the trespass and digging of the drainage ditch. D got the verdict, and P appealed. The appeals court reversed, and D appealed.