Suit blames trench work company for damage to sewer lines

By Kelly Holleran | May 2, 2011

Beaumont Trace apartments

An insurance company claims it was forced to pay the owners of a Beaumont apartment building more than $60,000 after a flood destroyed the premises.

Chubb Custom Insurance Co. filed a lawsuit April 18 in Jefferson County District Court against AT&T and American Bor-Trench.

Chubb claims it insured Centerpoint Builders Inc., which owned an apartment building at 6105 N. Major Drive in Beaumont when a flood occurred on April 16, 2009.

Because of the flood, Chubb had to pay $67,623.13 for flood damages to the Beaumont Trace apartments on N. Major Drive in Beaumont.

Chubb blames American Bor-Trench for causing the water damages, saying it cut through sewer lines while performing boring and trenching work. AT&T hired American Bor-Trench to perform the boring and trenching work so it could install telephone lines, according to the complaint.

When American Bor-Trench cut through the sewer lines, they filled with mud, causing sewer lines to be blocked and to flood eight apartments at Beaumont Trace, the suit states.

Chubb alleges negligence against the defendants, saying they failed to exercise reasonable care in performing their work, failed to properly supervise employees and failed to anticipate the consequences of their actions.

In addition, the defendants negligently failed to ensure boring and trenching work would not damage the apartment building, failed to comply with industry standards and failed to render services in a good and workmanlike manner, the complaint says.

In its complaint, Chubb seeks compensatory and economic damages, plus costs, post-judgment interest at the highest rate allowed by law and other relief the court deems just.

James J. Boteler of Boteler, Mahoney and Gray in Irving will be representing it. Samuel S. Woodhouse of The Woodhouse Law Firm in Atlanta will serve of counsel.

Judge Milton Shuffield, 136th District Court, has been assigned to the case.

Case No. D189-801

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