Suits Against Army Corps Over Nashville Floods Dismissed

March 11, 2013

A federal judge has dismissed a pair of lawsuits claiming the U.S. Army Corps of Engineers was responsible for flood damage in 2010 to the Grand Ole Opry, Gibson Guitar and other Nashville-area businesses.

The companies claimed corps officials acted negligently in April 2010 by not lowering water levels at the Old Hickory Dam ahead of heavy rains predicted by the National Weather Service. When the corps finally did open the gates to prevent floodwater from overtopping the dam, the Cumberland River rose above the 100-year flood plain in Nashville.

The flooding left 26 people dead, including 11 in Nashville, and caused an $2 billion worth of damage in the capital city alone after a record 17 inches of rain fell over a single weekend.

The corps has said that the flooding would have been worse if the water had overtopped the dam and flowed uncontrolled toward Nashville.

Gaylord Entertainment Co., now Ryman Hospitality Properties, said it sustained $250 million in damage to the Opry and its hotel and convention center after the river rose above the levees surrounding the property. The hotel had to be evacuated and was closed for several months for renovations.

Other companies involved in the two lawsuits include Nissan North America, Verizon Communications and several insurance companies.

Justice Department attorney Stephen Handler argued in a court hearing three weeks ago that the case should be dismissed because the corps was immune from prosecution under the Flood Control Act of 1928.

Topics Lawsuits Flood

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Insurance Journal Magazine March 11, 2013
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