Galaxy Telecom, L.L.C. v. J.P. Theisen & Sons, Inc., 265 Neb. 270

Summary

The Nebraska Supreme Court held that a highway construction contractor was strictly liable under the Nebraska One-Call Notification System Act for damaging an underground fiber-optic cable. The contractor's notice, given more than ten business days before excavation, did not qualify for the statutory exception because the project was a state highway project outside the scope of the referenced statute. The court reversed and remanded for determination of repair damages, declining to address the negligence claim.

Holdings

1. The exception permitting notice more than ten business days before excavation applies only to projects within the scope of Neb. Rev. Stat. § 86-334, namely county or township road construction, widening, repair, or grading projects requiring work within six feet of specified telephone or electric lines and related structures. It does not apply to Theisen's state highway project or to the fiber-optic cable at issue.
2. Because Theisen did not provide proper and timely notice before the excavation that damaged Galaxy's cable, it was strictly liable under Neb. Rev. Stat. § 76-2324 for the cost of all repairs to the cable.

Questions Presented

1. Whether Theisen was strictly liable under Neb. Rev. Stat. § 76-2324 for damaging Galaxy's underground fiber-optic cable after providing notice more than ten business days before the excavation.
2. Whether the exception in Neb. Rev. Stat. § 76-2321(1) for notice given more than ten business days in advance applied to Theisen's state highway construction project.
3. Whether the district court erred in finding Theisen not liable under a negligence theory.

Disposition

reversed_and_remanded