Bell Atlantic-Washington, D.C., Inc. v. Nazario Construction Co.

SCHWELB, Associate Judge:

On or about September 21, 1993, employees of Nazario Construction Company, Inc. who were participating in a major excavation and reconstruction project in the area of 32nd and Q Streets in northwest Washington, D.C. drove several “form pins,” or spikes, into underground telephone cables owned by Bell Atlantie-Washington, D.C., Inc., and caused damage to the cables. On July 14, 1994, Bell Atlantic brought suit against Naza-rio, alleging negligence. Specifically, Bell Atlantic alleged in its complaint that Nazario breached its duty of care to excavate in a manner which…