MCI Communications Services, Inc. v. Hagan

GARWOOD, Circuit Judge:

This case arises from a January 20, 2006 incident in which an underground cable owned by plaintiff-appellant MCI was allegedly severed. MCI filed suit against defendants-appellees Wayne Hagan and James Joubert, alleging that Joubert was negligently excavating on a backhoe in violation of the Louisiana Damage Prevention Act (Louisiana Underground Utilities and Facilities Damage Prevention Law), La. Rev.Stat. Ann. § 40:1749.11 et seq., and that Hagan was vicariously liable because Joubert was acting as his agent at the time. The underground cable at issue was buried in…