An energy company is suing a utility company, saying the defendant damaged its property in a case of workers being at the wrong place at the wrong time.
Centerpoint Energy Resources Corp. doing business as Centerpoint Energy Texas Gas Operations filed suit Aug. 17 against E & S Utility LLC in the 2nd District Court of Galveston County, TX.
In in its complaint, Centerpoint says it held right to occupy a portion of land near 15935 Blue Mesa Drive in Friendswood, where it had placed a 2-inch gas main. The filing alleges the defendant began excavation at that location on or around Jan. 12, 2022, striking and damaging Centerpoint’s gas main, which cost more than $6,000 to repair, and a hand box and underground cable.
The filing states that the Texas Utility Code (“Texas Dig Law”) requires that an excavator notify a notification center of its intent to conduct excavation activities at least 48 hours, but not more than 14 days prior to excavation, and specify in the notice the area in which excavation is contemplated. The complaint says Texas Dig Law then requires the notification center to forward notice to utility owners to advise them of the need to mark their underground utilities present
within the geographical areas stated in the notice. Then, unless otherwise agreed, markings are placed within 48 hours after the notice by which excavators are made aware of the presence and location of underground utilities.
Centerpoint contends in its filing that E & S filed to notify the location center that its excavation was delayed past the 14-day window after they indicated they would begin excavation.
The plaintiff also claims E & S had a responsibility under the Texas Administrative Code to expose Centerpoint’s property by hand and “further exercise reasonable care in excavating within the tolerance zone” of their property.
The complaint says the defendant “failed to exercise reasonable care by failing to maintain control over the tools and equipment used during the underground dig, and by failing to wait for the locate company to confirm that the locate marking did not need to be refreshed.”
The plaintiff is alleging trespass to personalty, negligence, and negligence per se. The company is asking the court for actual damages in the amount of $6,330.21, interest, court costs, and all other just relief.
The plaintiff is represented by Jonathan D. Groves of Groves Law Firm in Dallas., Texas.