Bellsouth Telecommunications, Inc. v. Johnson Brothers Corporation of Louisiana

ON PETITION FOR REHEARING

April 1, 1997

PER CURIAM:

In its petition for panel rehearing, Bell-South Telecommunications, Inc. contends that a recent decision by a Louisiana appellate court, BellSouth Telecommunications, Inc. v. Industrial Enterprises, Inc., No. 96-0682, 1997 WL 87965 (La.App. 1 Cir. Feb. 14, 1997), requires this court to grant rehearing and affirm the district court’s order. However, that decision does not deal with critical language in the Underground Utilities and Facilities Damage Prevention Law, La.Rev. Stat.Aim. §§ 40:1749.11, et seq., which provides that:

This Part shall not affect any civil remedies for personal injury or property damage, including damage to underground facilities or utilities.

§ '40.1749.21(A). In light of this language, we are not persuaded that the Louisiana Supreme Court would hold that the Damage Prevention Law precludes Johnson Brothers from asserting BellSouth’s comparative negligence.

The petition for panel rehearing is DENIED.