Tue
May 1 2012
05:44 am

According to the lawsuit, "The weather service negligently failed to warn of the severity of the approaching danger partly because it was using out-dated data to predict flood stages".

Gaylord Entertainment along with A.O. Smith (a water heater manufacturer) are also suing the U.S. Army Corps of Engineers. The lawsuit "contends the federal agencies “created a man-made disaster” through poor planning, miscommunication and breach of duty".

Can you even sue these two entities?

Should be interesting. New Orleans citizens should be watching this trial. Talk about having a case against the Corps of Engineers.

CE Petro's picture

Seriously?

Suing the National Weather Service? Seriously?

Sounds to me like this is a frivolous lawsuit.

WhitesCreek's picture

Opryland builds in the flood

Opryland builds in the flood plain and wants to sue the Weather Service because it floods? Is there a prize for Stoopid with brass balls? If so, it should be shared by Opryland and every other business that built right back in the same spot. I looked at the data and that just wasn't that big of a rain event. Get ready for some more fun down the road.

Up Goose Creek's picture

12"

I recall it was 12". That's a pretty big rain event.

One could argue that if the corps had maintained their dams well enough to fulfill their mandate for flood control this wouldn't have happened.

But my recollection is this was a storm event that, had it moved through in a typical fashion might have dumped 2-4". But it stalled over Nashville and the rain that we, and the rest of the southeast would have expected, stayed in middle TN.

Andy Axel's picture

Laughable

What exactly would Gaylord had done if they'd have "known" about the impending 13" deluge?

Fact is that the Corps warned Gaylord repeatedly (and years beforehand) about them locating a huge commercial operation in a floodplain. The better part of Opry Mills was already in the 500 year zone... and this turns out to be a 1000 year event.

EDIT for sources...

(link...)

and

(link...)

The Corps compared Nashville's MetroCenter levee, which was built to the Corps' higher standard, and the Opryland structure as it urged Gaylord in a Nov. 4, 2003, letter to take more precautions.

"In view of their comparable level and value of development, MetroCenter and Opryland in our opinion, merit a similar level of protection from floods," said advice included with a Corps letter to Gaylord and its levee designer, Barge Waggoner Sumner & Cannon.

The Corps uses a risk-benefit analysis to determine the economics of building to withstand a larger flood, which it says is critical when there is costly development behind a levee.

bizgrrl's picture

Frivolous it is!

Frivolous it is!

rikki's picture

What exactly would Gaylord

What exactly would Gaylord had done if they'd have "known" about the impending 13" deluge?

They would have stomped on the "Levitate" button and held it down for three days.

I'm not sure how their utility escaped this lawsuit; after all, they were unable to furnish Gaylord with adequate electrical capacity for a building levitator. And they should sue the guy who invented levitators for not inventing them yet. Really, there is more blame to go around than the Gaylord lawyers have realized!

Dave Prince's picture

You forgot the inventor of

You forgot the inventor of the time machine for not using it to specifically warn them about that particular disaster.

And hell, since it's an act of God why not throw him on there, too?

Min's picture

Besides...

...I thought the reason the Corps of Engineers opened the spillways was because they were concerned that Percy Priest Dam was in danger of being compromised. And a busted dam wouldn't have done Gaylord properties any good, either.

Andy Axel's picture

Not only Priest Dam (on

Not only Priest Dam (on Stones River), but also Old Hickory and Cordell Hull (on the Cumberland), not to mention Cheatham Dam downriver and Barkley Dam at the confluence of the Kentucky and Tennessee Rivers. It was a systemwide problem, one that persisted for a long time both east and west of Shopryland.

EDIT: (link...) See pg. 20. Cheatham and Old Hickory both set records for discharge (over 200K cubic feet per second) during the 5/1/2010 event. Priest Dam was of lesser concern.

I think part of the issue right now with Gaylord is that they not only had a problem in low-balling the involved risk, but continue to have issues with their insurance payout ((link...)):

Last September, Simon Property and Opry Mills, along with their lender Helaba, filed a lawsuit in the Chancery Court of Davidson County against the insurers and against insurance broker Aon.

The insurers have said Opry Mills is subject to only $50 million because that is the limit in the insurance package for properties located in 100-year high hazard flood zones.

But Simon insists that Opry Mills is not in a high hazard zone so the limitation does not apply. It claims that Aon issued numerous certificates of insurance confirming that the Opry Mills property was covered up to the $200 million limit. It also claims Aon affirmed this view in an email after the May flooding.

Factchecker's picture

Joe Romm called it a

Joe Romm called it a 1000-year event. Actually, his headline used the word "deluge." A related account of the flood from a Nashville musician named Eric Normand is here.

rht's picture

you can sue fed govt for some

you can sue fed govt for some things, but generally not for its exercise of discretionary judgment in performing govt functions. Its called "discretionary function" immunity. It is fact dependent -- some flood control actions by govt have been found immune and some have not. Gaylord surely has high-priced lawyers who have researched the case law, and they apparently feel they have a shot although it might be an uphill (upstream?) battle. They might just be hoping for the govt to make a settlement offer, even a small one.

fischbobber's picture

govt to make a settlement offer

Ohhhhhh, so it's a corporate welfare thing. I get it.

Comment viewing options

Select your preferred way to display the comments and click "Save settings" to activate your changes.

TN Progressive

TN Politics

Knox TN Today

Local TV News

News Sentinel

    State News

    Wire Reports

    Lost Medicaid Funding

    To date, the failure to expand Medicaid/TennCare has cost the State of Tennessee ? in lost federal funding. (Source)

    Search and Archives