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MCI COMMUNICATIONS SERVICES v. CMES, INC.

No. S12Q0941.

728 S.E.2d 649 (2012)

291 Ga. 461

MCI COMMUNICATIONS SERVICES, INC., d/b/a Verizon Wireless v. CMES, INC.

Supreme Court of Georgia.

June 18, 2012.

Attorney(s) appearing for the Case

William Drummond Deveney , Brent L. Wilson , Elarbee, Thompson, Sapp & Wilson LLP, Atlanta, Anthony J. Jorgensen , Oklahoma City, OK, James J. Proszek , Tulsa, OK, Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C., for appellant.

Jason Peter King , Hall, Booth, Smith & Slover, Atlanta, for appellee.

CARLEY, Chief Justice.

On March 30, 2007, CMES, Inc. was performing excavation work in Stone Mountain, Georgia, when, at around 9:41 a.m., it accidentally severed an underground fiber-optic cable owned by MCI Communications Services, Inc. The severance rendered the cable incapable of transmitting telecommunications traffic. According to MCI, the severance caused 568,000 switched calls to be blocked and provoked 242 complaints from customers whose service was interrupted...

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