Entergy sues City of New Orleans over alleged damage to underground facilities

NEW ORLEANS – Entergy is suing the City of New Orleans for $45,000 in alleged damages caused by drilling.

Entergy New Orleans, Inc. filed suit against B & V Plumbing LLC, Fleming Construction Company LLC, Canal Street Development Corporation, The City of New Orleans and the Sewage and Water Board of New Orleans in the Orleans Parish Civil District Court on July 22.

Entergy asserts that on July 25, 2013, that B & V and Fleming Construction triggered damage to Entergy’s facilities by digging into Entergy’s underground electrical facilities located near the Saenger Theatre at North Rampart Street in between Canal and Iberville Streets.

B & V and Fleming Construction were allegedly working under the direction and at the behest of the Canal Street Development Corporation, the City of New Orleans and the Sewage and Water Board of New Orleans.

Additionally, the Canal Street Development Corporation, the City of New Orleans and the Sewage and Water Board of New Orleans safeguarded the worksite and allegedly failed to discover the location of underground utility facilities in the area, including Entergy’s underground electrical facilities.

The plaintiff contends B&V and Fleming Construction violated Louisiana’s Underground Utilities and Facilities Damage Prevention Law, stating that B & V and Fleming Construction engaged in demolition near underground facilities without having first acquired the specific setting of all underground utility facilities in the locale and that the demolition harmed Entergy’s underground facilities resulting in the amount of $45,182.62 sustained in damages.

The defendants are accused of failing to inspect the work area, failing to contact the plaintiff to acquire the location of existing facilities prior to starting a work project, failing to maintain appropriate control of its construction equipment and failing to properly supervise.

The plaintiff is represented by Gary M. Brown Jr., of counsel, for Entergy New Orleans Inc.

The case has been assigned to Div. C Judge Sidney H. Cates IV.

Case no. 2014-07188.