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QWEST INTERN. COMMUN. v. AT & T CORP.

No. 03-0825.

167 S.W.3d 324 (2005)

QWEST INTERNATIONAL COMMUNICATIONS, INC. (and/or Qwest Communications International, Inc.), Qwest Communications Corp., and SP Construction Services, Inc., Petitioners, v. AT & T CORP. and AT & T Communications, Inc. of the Southwest, Inc., Respondents.

Supreme Court of Texas.

June 24, 2005.

Attorney(s) appearing for the Case

Michael J. Clark and Curtis J. Kurhajec, Thornton Summers Biechlin Dunham & Brown, C. Mark Stratton and Sue Melissa Lee, Henslee, Fowler, Hepworth & Schwartz, LLP, Austin, for other interested parties.

Thomas C. Wright, Julia Leigh Kurtz, Wright Brown & Close, LLP, Houston, Molly H. Hatchell, Mike A. Hatchell, Locke Liddell & Sapp LLP, Delno J. Grosenheider, Joseph Loiacono II, Wilson Grosenheider Moore & Jacobs, J. Stephen Ravel, Michael Shaunessy, Bickerstaff Heath Smiley Pollan Kever & McDaniel, Austin, Bruce A. Featherstone, and Nancy C. Shea, Featherstone & Shea, Denver, CO, for Petitioners.

John K. Schwartz, Jennifer Lea Mathis-Volk and Barbara M. Ellis, Locke Liddell & Sapp, LLP, Houston, Joseph Latting, Austin, for Respondents.

PER CURIAM.

We must decide whether a corporate policy that promotes "a hurried pace" and results in accidentally cutting a competitor's fiber-optic cables is legally sufficient to support an award of exemplary damages. Under the facts presented here, we hold it is not. We reverse that portion of the court of appeals' judgment affirming the award of such damages. 114 S.W.3d 15, 23-28.

Qwest International Communications (...

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