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CITY OF SAN ANTONIO EX REL. CPS v. TOMMY HARRAL CONST.

No. 04-16-00223-CV.

502 S.W.3d 286 (2016)

CITY OF SAN ANTONIO, acting by and through City Public Service Board (CPS Energy), Appellant v. TOMMY HARRAL CONSTRUCTION, INC., Appellee.

Court of Appeals of Texas, San Antonio.

Delivered and Filed: August 24, 2016.

Attorney(s) appearing for the Case

Melodee Laine Gruber , Jackson Walker LLP, Matthew Vandenberg , San Antonio, TX, for Appellant Attorney.

Micah Williams , Law Office of Mark E. Macias, San Antonio, TX, for Appellee Attorney.

Sitting: Karen Angelini, Justice, Patricia O. Alvarez, Justice, Jason Pulliam, Justice

OPINION

When CPS Energy's underground facility was damaged by an excavator, CPS Energy sued the excavator — a general contractor's subcontractor — for negligence and damages. CPS Energy argued the general contractor's excavation notice did not excuse the subcontractor from providing...

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