Hoang Tran Mar. 28, 2016, 1:34pm

NEW ORLEANS – A telecommunications company is suing a Chicago construction company, alleging an excavation project severed one of the plaintiff's cable lines.

MCI Communication Services Inc has a lawsuit March 24 in U.S. District Court for the Eastern District of Louisiana against Archer Western Construction LLC, of Chicago, alleging trespassing and negligence.

According to the complaint, MCI entered into agreement with the city of New Orleans to construct, operate, maintain and install a fiber optic cable system in certain railroad areas of the city with undisturbed possession of that right. On March 25, 2015, the suit says, Archer Western severed one of MCI’s fiber optics cable while excavating in the North Rampart Street and Claude Avenue Streetcar Expansion Project.

The suit states Archer Western did not notify the plaintiff  of the excavation, nor did it give Archer Western consent, thereby trespassing. The lawsuit says Archer Western was negligent, including failing to plan the excavation properly to avoid damage, failing to maintain a safe clearance between its cable and the equipment, failing to train its employees properly and failing to use due care.

MCI seeks more than $75,000, along with interests, all cost of the suit, and any other relief deemed proper by the court. It is represented by attorneys Leigh Ann Schell and Joseph H. Hart of Kuchler Polk Schell Weiner & Picheson LLC in New Orleans, and Anthony J. Jorgenson and Ashley K. Roche of Hall, Estill, Hardwick, Gable, Golden & Nelson PC in Oklahoma City. 

U.S. District Court Eastern District of Louisiana Case number 2:16-cv-02467-JCZ-JCW

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U.S. District Court for the Eastern District of Louisiana
500 Poydras Street
New Orleans, LA 70113

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