CHARLESTON - Verizon West Virginia is suing the West Virginia Division of Highways, claiming the DOH damaged its cables.

In a lawsuit filed May 4 in Kanawha Circuit Court, Verizon charges the West Virginia Department of Transportation, Division of Highways, with negligently running over its telephone cables with a mower.

Diana Leigh Johnson of Charleston law firm Bowles, Rice, McDavid, Graff and Love is representing Verizon.

"Upon Information and belief… WVDOH, or its employees or agents acting in the scope of their employment or agency, negligently damaged or caused to be damaged telephone cables belonging to Verizon West Virginia," the complaint says.

The incident occurred Oct. 21, 2003, in the area of Whitestick Street and Cabell Heights Road in Beckley, the complaint says.

Verizon is seeking compensatory damages in the amount of $12,114.08.

"WVDOH had a duty to exercise reasonable and due care in protecting Verizon WV's communications cables and facilities in the area where trimming operations were being performed," the complaint says.

Verizon says the incident caused losses, expenses and damages, including annoyance, inconvenience, loss of revenue and attorneys' fees and costs.

Judge Jennifer Bailey Walker has been assigned the case.

Kanawha Circuit Court case number 06-C-834

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