Rossee Oil Co. v. BellSouth Telecommunications, Inc.

McMurray, Presiding Judge.

Rossee Oil Company, Inc. (“Rossee”) brought an action against BellSouth Telecommunications, Inc. (“BellSouth”), alleging that Bell-South entered its property without authority and buried telephone cable; that BellSouth’s wilful and wanton trespass warrants exemplary damages and that BellSouth’s bad faith authorizes attorney fees and expenses of litigation. BellSouth moved for summary judgment on Rossee’s claims for punitive damages, attorney fees and expenses of litigation, arguing that Rossee is entitled to only such damages as would be authorized in a condemnation…