Landscaper sued over damage to phone cable

Marilyn Tennissen Sep. 8, 2010, 3:58pm

A landscaping company is being sued by the telephone company over damages to phone cables.

Southwestern Bell Telephone Co. LP, doing business as AT&T Texas, filed the suit against Encino Landscape Inc. on Sept. 2 in Jefferson County District Court.

According to the complaint, on Sept. 30, 2008, Cleveland-based Encino Landscape was augering a hole in the ground next to a conduit run that had been exposed on Helena Avenue at State Highway 347 in Nederland.

"The telephone cables were within a public easement that allowed the Plaintiff to place the cable in said location in Jefferson County," the suit states. "The telephone cables in question were 600 pair pulp cable relied upon by people to transmit voice and/or data."

The plaintiff accuses Encino of negligence, negligence per se and gross negligence.

Encino is also accused of breach of duty under the Texas Utility Code and trespassing.
AT&T Texas claims the cost of replacing the line involved an amount in excess of the minimum jurisdictional limits of this court.

The plaintiff is seeking exemplary or punitive damages as well as interest, court costs and other relief.

MarJuana Williams of Orgain, Bell & Tucker LLP in Beaumont is representing the plaintiff.

The case has been assigned to Judge Donald Floyd, 172nd District Court.

Case No. E187-936

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