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Real Property
Inverse Condemnation
Trespass/Nuisance/Negligence

Pacific Bell Telephone Co. v. NRG San Francisco Thermal Inc.

Published: Mar. 29, 2008 | Result Date: Aug. 7, 2007 | Filing Date: Jan. 1, 1900 |

Case number: CGC06450385 Settlement –  $80,000

Court

San Francisco Superior


Attorneys

Plaintiff

Gerard J. Donnellan
(AT&T Services Inc.)


Defendant

John P. Aubrey

Kenneth L. Dziesinski

Jennifer A. Riso


Facts

Plaintiff Pacific Bell Telephone Co. sued defendants NRG San Francisco Thermal Corp., NRG Thermal Corp., NRG Services Corp., and city and county of San Francisco for trespass, alleging the heat from defendants' underground pipes damaged plaintiff's telephone lines on May 10 and 11, 2005. The plaintiff also alleged inverse condemnation, negligence, nuisance and dangerous condition of public property.

Contentions

PLAINTIFF'S CONTENTIONS:
The plaintiff contended defendants' steam pipes, condensate lines, and chases released heat, damaging plaintiffs' underground telephone lines. San Francisco employed the pipes for a public benefit.

Damages

The plaintiff sought $93,356 for lost use, revenue and other damages.

Result

Defendant's Board of Supervisors approved a $80,000 settlement ($52,500 came from the city, the remainder came from NRG).

Other Information

FILING DATE: March 16, 2006.


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