United States Eleventh Circuit
MCI Worldcom Network Serv. v. Mastec, Inc., 0313022
In a torts claim seeking compensatory, loss-of-use, and punitive damages after defendant inadvertently severed one of plaintiff-MCI's fiber-optic cables, grant of summary judgment in favor of defendant is affirmed where the state supreme court modified the certified questions submitted to the court and then answered the new question in the negative, holding that the loss-of-use damages based on rental replacement value is not the appropriate measure of damages when there were no such costs incurred and the telecommunications traffic carried by the damaged cable was accommodated within the telecommunications carrier's own network with no loss of service.
Appellate Information
- Decided 10/08/2008
- Published 10/08/2008
Judges
Court
- United States Eleventh Circuit