Discovery underway in property damage suit over phone cables

David Yates May 19, 2011, 5:18am

A certificate of discovery was recently filed in a property damage lawsuit over damage to phone cables.

As previously reported, 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.

On April 26, AT&T Texas filed a certificate of discovery, stating it had answered Encino's second set of interrogatories.

Court records show that on Sept. 30, 2008, Cleveland-based Encino Landscape was auguring 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."

AT&T Texas claims the cost of replacing the line involved an amount in excess of the minimum jurisdictional limits of this court and 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.

Houston attorney Ren Rigby Jr. of Sprott, Rigby, Newsom, Robbins & Lunceford represents the defendant.

Judge Donald Floyd, 172nd District Court, is presiding.

Case No. E187-936

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