Iowa Network Services d/b/a Aureon v. Delong Construction Inc.


Case Name:Iowa Network Services d/b/a Aureon v. Delong Construction Inc.
Case Number:LALA106738
Date of Trial:09/12/2025
Venue:
Wapello County
Casetype/Claims:Negligence - Iowa Code Ch. 480 & Excavation

Judge:Amber L. Thompson

Plaintiff's Counsel:Christina ThompsonDefendant's Counsel:Thomas Olson and Brian Jesse

Verdict:For Plaintiff

Demand Before Trial:
Offer Before Trial:

Statement of Case:

Injuries alleged:

Official Jury Verdict Form:
In this case, the parties agree that Defendant’s employees cut a buried fiber-optic cable owned by Plaintiff on or about September 26, 2023. Any time you hear me refer to “Defendant” in these instructions, you should assume that includes actions by Defendant’s employees. Plaintiff claims that the Defendant cut the fiber-optic cable because Defendant’s employees were negligent. Plaintiff claims that the location of the fiber-optic cable was marked by its agent, USIC, in the manner required. Plaintiff claims Defendant failed to locate the actual location, including the depth of the cable, using hand digging or other non-destructive means, and that Defendant used a backhoe within 18 inches of the marked location of the underground facility. Plaintiff claims it cost $71,527.25 to repair the cut cable, and that Defendant should be responsible for paying the cost of the repair. The Defendant denies that it was negligent, and asserts the cable was not buried at the required depth, and the sole and proximate cause of the damages was Plaintiff’s own negligence. Defendant asserts that the cable was too shallow in the ground, and that Plaintiff is responsible for the depth of the cable in the ground. Defendant claims it should not be required to pay for the cost of the repair.

Documents of interest:
(when available)
Aureon v. Delong Jury Instructions.pdfAureon v. Delong Jury Instructions.pdf


Aureon v. Delong Verdict Form.PDFAureon v. Delong Verdict Form.PDF

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