BAKER v. SHYMKIV

No. 82-1243.

6 Ohio St. 3d 151 (1983)

BAKER ET AL., APPELLEES, v. SHYMKIV ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided August 3, 1983.


Attorney(s) appearing for the Case

Schottenstein, Zox & Dunn Co., L.P.A., and Mr. Patrick F. Smith, for appellees.

Messrs. Crabbe, Brown, Jones, Potts & Schmidt and Mr. Kenneth E. Harris, for appellants.


LOCHER, J.

This case presents one issue: whether the trial court erred by instructing the jury that only foreseeable damages could result in liability. Appellants, the Shymkivs, contend that the trial court properly charged the jury on foreseeability. We disagree.

Initially, we note that appellants argue against affirmance in this case because "* * * it appears that the Court of Appeals was attempting to carve out an exception to the long standing rule in...

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