MCI Communications Services, Inc. v. CMES, Inc., No. 11-12807 (11th Cir. 2012)
Annotate this CaseCMES was performing excavation work in Stone Mountain, Georgia when it severed an underground fiber-optic cable, owned by MCI, which caused an outage. MCI subsequently filed suit against CMES, seeking loss-of-use damages measured by the theoretical rental value of substitute equipment for the duration of the outage. On appeal, MCI challenged the district court's grant of summary judgment defeating its claim for loss-of-use damages. Because this case involved an unsettled question of Georgia law, the court certified the following question to the Supreme Court of Georgia: "Under Georgia law, may a telecommunications service provider whose cable is severed recover loss-of-use damages measured by the rental value of substitute cable when it has not rented such cable or otherwise incurred any monetary loss apart from the cost of repair?"
The court issued a subsequent related opinion or order on October 15, 2012.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.