BOARD OF COUNTY COMMISSIONERS OF GARRETT COUNTY, MARYLAND v. BELL ATLANTIC-MARYLAND, INC., 346 Md. 160

Summary

During the construction of a road improvement project and a residential development project, petitioner county damaged two of respondent telephone company's cables. Respondent then filed two negligence actions which alleged that petitioner failed to take reasonable precautions to prevent the damage. The district court ruled in favor of respondent in both actions. Petitioner appealed the judgments to the circuit court, which ultimately ruled in favor of respondent on the basis that petitioner violated Maryland's Miss Utility Act (Act), Md. Nat. Res. Code Ann. art. 78, § 28A. The court affirmed, holding that there was sufficient evidence to support the trial court's judgment in the negligence actions because petitioner had a legal obligation to avoid respondent's cables, both at common law and under the Act. Petitioner breached its obligation of due care because it failed to notify respondent prior to excavation at one site and made an untimely notification at the other site in violation...