WAVERLY, Tenn. — Seventeen people, relatives of those killed in an Aug. 21, 2021, flood in Waverly are suing CSX Transportation for up to $450 million, saying debris that backed up behind a railroad culvert led to the deadly flooding.
The Associated Press reports the suit was filed Tuesday in Humphreys County Circuit Court. A total of 20 people died in the flooding, which damaged more than 500 homes and 50 businesses after Trace Creek overflowed its banks. The suit says debris caught against the railroad’s bridge over the creek led to “a deadly tidal wave formed by millions of gallons of water.”
In addition to the railroad, the suit names two nearby landowners, alleging they allowed CSX to use their property as a basin for water and to store debris removed from behind the culver, which would wash back into the creek during the next heavy rain.
The Nashville Tennessean reports the suit seeks damages for emotional pain and suffering, and ongoing care for those who suffered severe injuries in the flood.
Attorney Timothy Potter told the newspaper that the suit “has been filed in an effort to hold those persons who were negligent, responsible.”
CSX said in a statement that its “most heartfelt thoughts are with the families whose lives were tragically impacted by this historic weather event.
“While we can’t comment on any specific allegations of the lawsuit, it is important to point out that the significant rain storm in August of 2021 that resulted in the catastrophic flooding of many communities in Middle Tennessee, including Waverly, was an unprecedented and extraordinary event.”
The National Weather service reported that nearly 21 inches of rain fell in 24 hours in McEwen, Tenn., less than 10 miles away.
Shades of Johnstown, PA.
After Mt. St. Helens erupted and killed several people, plus causing a lot of damage, the BN was sued because the volcano was on BN property.
The lawyers know full well that suing for $450 million could net them a settlement in the 8-figure range that will net them a sizeable payday. CSX’s lawyers will likely tell their bosses at CSX that settling would be less costly, fully understanding the racket that they are in.
I’d like to see the homes of those suing, wondering if there might be some ‘debris’ piled up nearby. Just curious.
Baird I don’t know in what part of Tennessee Trace creek is located in but I’d bet some of the debris that piled up at the railroad bridge was some of homes with that much rain.
Too many lawyers with nothing better to do.
They forgot to include mother nature in there lawsuit. She’s the one that dumped 21″ of rain in 24 hours
Of course it’s the railroad’s fault…why would anyone believe for one moment that 15-21 inches of rain in 24 hours had absolutely nothing to do with this flood! If this happened to my basement, the insurance company would tell me it was an act of God!
America …… one lawsuit after another after another after another after another. Government by lawsuit. Society by lawsuit.
Sadly true.
Sad, but welcome to 21st Century America, where **somebody’s** got to pay! I’m **entitled**!