Communications Litigation Today was a Warren News publication.

AT&T Sues to Recover Costs of Underground Cables Damaged During Excavation

Employees of contractor Allen Family Enterprises damaged AT&T’s underground telecommunications cables and equipment while excavating in December 2022 at a site in Conway, Arkansas, alleged AT&T’s complaint Friday (docket 23CV-24-417) in Faulkner County, Arkansas, Circuit Court. Before excavating, Allen “failed and refused to comply” with the notice requirements set forth in Section 14-271-101 of the Arkansas code, said the complaint. That constituted negligence, for which Allen should be held liable, it said. Allen excavated with mechanized equipment or power-driven tools and equipment “in and around prohibited areas” where AT&T’s lines and property were located, it said. Allen was also negligent in that it failed to keep “a proper lookout” for AT&T’s property, it said. It also failed to take “reasonable steps” to protect AT&T property during its excavating activities, and failed to exercise “ordinary care” during those activities, it said. Allen caused AT&T to incur $17,628.25 for the costs of repairing its telecommunications cable and equipment, it said. AT&T’s telecommunications also have been weakened, “now being more prone to future problems and outages” due to Allen’s negligence, it said.