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MEANS v. BURLINGTON NO. & SANTA FE R. CO.

No. C4-02-236.

646 N.W.2d 911 (2002)

MINNESOTA EQUAL ACCESS NETWORK SERVICES, now known as Onvoy, Inc., Appellant, v. BURLINGTON NORTHERN & SANTA FE RAILROAD COMPANY, Defendant, Henkels & McCoy, Inc., Respondent, and Qwest Communications Corp., Defendant and Third-Party Plaintiff, v. Sunbelt Telecommunications Services, Inc., et al., Third-Party Defendants.

Court of Appeals of Minnesota.

July 16, 2002.

Attorney(s) appearing for the Case

E. Curtis Roeder, Hanson, Lulic & Krall, Minneapolis, MN, for appellant.

Nancy L. Gores, Conley & Borgeson Law Office, St. Paul, MN, for respondents.

Considered and decided by HANSON, Presiding Judge, ANDERSON, Judge, and HALBROOKS, Judge.

OPINION

HANSON, Judge.

Respondent excavator cut appellant telephone company's underground optic cable. Appellant sued for damages. The jury found that respondent did not conduct the excavation in a careful and prudent manner and attributed 70% of the direct cause of the accident to respondent's fault. But the district court ruled that appellant was not entitled to damages because it failed to respond to the excavation...

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