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Chang v. Time Warner Cable

Court of Appeals of Ohio, Tenth District

August 27, 2019

Ching Chang, Plaintiff-Appellant,
v.
Time Warner Cable et al., Defendants-Appellees.

          APPEAL from the Franklin County Court of Common Pleas C.P.C. No. 17CV-5118

         On brief:

          Ching Chang, pro se.

          E. Ray Critchett, LLC, and E. Ray Critchett, for appellees.

         Argued:

          Ching Chang.

          E. Ray Critchett.

          DECISION

          BROWN, J.

         {¶ 1} Ching Chang, plaintiff-appellant, appeals from the judgment of the Franklin County Court of Common Pleas, in which the court granted the motion for judgment on the pleadings filed by Time Warner Cable ("TWC") and Stat Communications Company ("Stat"), defendants-appellees.

         {¶ 2} As alleged in appellant's complaint, TWC was to place 152 feet of cable/conduit underground in the rear of properties from 114 to 120 Spring Creek Drive. Appellant owns a property near this location at 125 Gibson Place. The city of Westerville ("city") issued a permit to TWC for the "125 Spring Creek Drive" project. TWC hired Stat to perform the directional drilling on October 25, 2015.

         {¶ 3} The complaint alleged that an overnight rain occurred on October 27, 2015, and on the morning of October 28, 2015, the tenant renting appellant's property reported the basement was flooded with sewage. Appellant contacted the city and a private plumbing company, Waterworks Company ("Waterworks"), to investigate the source of the problem.

         {¶ 4} Waterworks performed an inspection and discovered the sewage pipe for 125 Gibson Place was blocked at the northwest corner of the rear yard of 99 Gibson Place. The city reported similar findings to appellant the next day, finding there was a blocked private sanitary sewer lateral along the property line of a neighboring property, 99 Gibson Place.

         {¶ 5} On October 30, 2015, Waterworks undertook the repair of the sewer. Waterworks discovered broken clay pipe, electrical steel conduit crossing the open area, a broken clay riser, and loose soil. Appellant alleged in his complaint that Stat had broken the sewer pipe while burying the cable and blocked the sewer line.

         {¶ 6} Appellant hired a private company to dry and clean his basement. Appellant alleged in his complaint that he sent demand letters ...


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