Plantation Pipe Line Co. v. 3-D Excavators, Inc.

McMurray, Presiding Judge.

After defendant’s (3-D Excavators, Inc.) bid was accepted, it entered into a contract with DeKalb County for the construction of certain sewer improvements. During the course of excavations on the project, machinery operated by one of the defendant’s employees struck and damaged a pipeline owned and operated by plaintiff (Plantation Pipe Line Company).

Plaintiff brought this action for damages to the pipeline, filing a complaint which, as amended, included three counts. We are involved here only with Count 3 alleging in effect that plaintiff is a third party…