BAUM v. AUGENSTEIN

No. 82AP-1020.

10 Ohio App. 3d 106 (1983)

BAUM ET AL., APPELLANTS, v. AUGENSTEIN ET AL., APPELLEES.

Court of Appeals of Ohio, Franklin County.

Decided June 9, 1983.


Attorney(s) appearing for the Case

Zacks, Luper & Wolinetz Co., L.P.A., and Mr. Stanley L. Myers, for appellants.

Messrs. Williams & Deeg and Mr. Timothy D. Gerrity, for appellee Jack Augenstein.

Messrs. Crabbe, Brown, Jones, Potts & Schmidt and Mr. Grey W. Jones, for appellee Frank L. Goebel.


NORRIS, J.

On February 1, 1981, defendant, Frank Goebel, loaded a cattle feeder onto his pickup truck at the Ohio State Fairgrounds. He did not close the truck's tailgate, nor did he secure the feeder. Soon after he had driven his truck onto Interstate 71, the feeder slid off the truck and onto the roadway. His truck was being followed by a line of vehicles, the first of which was able to stop without colliding with the feeder. Plaintiff Sally Baum was able to stop...

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