Crown Castle Fiber LLC has filed a negligence and trespass complaint against Nery's Underground, LLC. The lawsuit was initiated by Crown Castle Fiber LLC on May 21, 2024, in the Harris County Civil Court at Law No. 3, with Teneshia Hudspeth serving as the county clerk. The defendant in this case is Nery's Underground, LLC.
According to the complaint, Crown Castle Fiber LLC alleges that Nery's Underground failed to exercise reasonable care during excavation activities conducted on or around May 5, 2022. The plaintiff claims that these actions resulted in significant damage to their telecommunications cable located on a specific property they had rights to occupy. Crown Castle Fiber asserts that the defendant did not follow proper procedures mandated by Chapter 251 of the Texas Utilities Code ("Texas Dig Law"), which requires excavators to notify a notification center of their intent to conduct excavation activities at least forty-eight hours prior and specifies the area where such activities will occur.
The complaint details that Nery's Underground commenced excavation without adhering to these regulations and struck Crown Castle’s underground communications cable. Specifically, Crown Castle accuses Nery's Underground of failing to expose the cable using hand tools and instead using mechanized equipment within the tolerance zone marked for underground utilities. This alleged negligence led to damages amounting to $14,550.56 for repairs.
Crown Castle further argues that Nery's Underground violated several statutory duties under Texas law, including those outlined in 16 TEX. ADMIN. CODE § 18.10 which mandates careful excavation practices within proximity zones of marked underground facilities. By failing to comply with these regulations and causing damage through improper excavation methods, Crown Castle contends that Nery's Underground demonstrated a willful disregard for their property rights.
In seeking relief from the court, Crown Castle requests actual damages totaling $14,550.56 along with post-judgment interest and court costs. They also seek any additional relief deemed appropriate by the court.
Representing Crown Castle Fiber LLC is Jonathan Groves from Groves Law Firm P.C., while no attorneys for Nery's Underground have been listed in the initial filing documents. The case has been assigned Case ID 1228228 and will be presided over by a judge yet to be named in Harris County Civil Court at Law No. 3.