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STATE EX REL. NELSON EXCAVATING, INC. v. INDUS. COMM.

No. 91-2553.

65 Ohio St.3d 191 (1992)

THE STATE EX REL. NELSON EXCAVATING, INC., APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided December 9, 1992.

Attorney(s) appearing for the Case

Cors & Bassett, Hal L. Franke and Joseph H. Vahlsing, for appellant.

Lee I. Fisher, Attorney General, and Scott A. Armour, Assistant Attorney General, for appellee Industrial Commission.

Buechner, Haffer, O'Connell, Meyers & Healey Co., L.P.A., and Edward M. O'Connell, Jr., for appellee Julie A. Weisbrodt.

Per Curiam.

Appellant concedes that local utilities were not informed of pending excavation as Ohio Adm.Code 4121:1-3-13(C)(1) requires. With this admission, only one question remains: Did the commission abuse its discretion in finding that appellant's noncompliance proximately caused decedent's death? In upholding the commission's decision, the court below reasoned that had the appropriate utility company been contacted, the utility would have taken measures...

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