GRETNA – A construction company is being sued by a local telecommunications company that alleges its underground cables were damaged during an excavation.
Bellsouth Telecommunications LLC and AT&T Louisiana filed suit against Fleming Construction Company LLC in the 24th Judicial District Court on Aug. 21.
Bellsouth Telecommunications LLC and AT&T Louisiana claim that an excavator hired by Fleming Construction Company LLC damaged their underground cables buried at 4767 Pauline Drive in New Orleans, which they discovered on Feb. 18. The plaintiff contends that the defendant breached the Louisiana Underground Utilities and Facilities Damage Prevention Law by not providing sufficient notice of the excavation. Bellsouth Telecommunications and AT&T Louisiana assert that they repaired the damage to their cables and are now owed reimbursement by Fleming Construction Company.
The defendant is accused of failing to know what should have been known, failing to observe what should have been seen, failing to be informed of location of utilities, failing to plan excavation, failing to maintain safe clearance and excavating outside of scope of excavation notice.
An unspecified amount in damages is sought for compensation for repairs, attorney’s fees and court costs.
Bellsouth Telecommunications LLC and AT&T Louisiana is represented by Michael B. Alker of Sutton, Alker & Rather LLC.
The case has been assigned to Division G Judge Robert A. Pitre Jr.
Case no. 741-555.