Tue
May 1 2012
05:44 am
By: bizgrrl
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.
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Seriously?
Suing the National Weather Service? Seriously?
Sounds to me like this is a frivolous lawsuit.
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.
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.
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...)
Frivolous it is!
Frivolous it is!
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!
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?
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.
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...)):
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.
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.
govt to make a settlement offer
Ohhhhhh, so it's a corporate welfare thing. I get it.