Minnesota Equal Access Network Services v. Burlington Northern & Santa Fe Railroad

OPINION

HANSON, Judge.

Respondent excavator cut appellant telephone company’s underground optic cable. Appellant sued for damages. The jury found that respondent did not conduct the excavation in a careful and prudent man*913ner and attributed 70% of the direct cause of the accident to respondent’s fault. But the district court ruled that appellant was not entitled to damages because it failed to respond to the excavation notice given by the excavator under the One Call Excavation Notice System. Because we conclude that the One Call Excavation Notice System does not abrogate the comparative fault…