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Torts
Negligence
Construction

Qwest Corporation v. H&K Landscape, et al.

Published: Dec. 13, 2001 | Result Date: Apr. 25, 2001 | Filing Date: Jan. 1, 1900 |

Case number: 00CV1987 –  $106,736

Judge

Warren O. Martin

Court

Denver District


Attorneys

Plaintiff

Thomas N. Alfrey


Defendant

Jonathan S. Robbins

Robyn E. Berger

Colin C. Campbell


Facts

The plaintiff claimed that its underground telephone cable line were negligently damaged during the course of excavation work undertaken by the defendant in the course of the development of the Sand Creek Project in Aurora. The plaintiff claimed damages for the initial repair of the telephone cable and later replacement and, while the defendant admitted that it had damaged the telephone line, denied negligence. H&K Landscape had failed, according to the testimony of third party defendant, Kelly Locate to attend a scheduled meeting on-site to determine the possible existence of underground utility cables.

Settlement Discussions

There was no formal demand. There was an indication of approximately $170,000 according to the plaintiff's attorney and, at a settlement conference, there was a joint demand of $200,000 according to the defendant's attorney. Pre-trial, there was an indications that the defendants would settle in the $125,000 - $150,000 range.

Damages

Approximately $250,000 for the initial costs of repair and for the subsequent replacement of the underground line.


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