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Federal Court Rules For International Paper In 2014 Dam Failure Flooding Lawsuit
March 5, 2018
A federal court judge ruled last week that International Paper was not negligent in its design, maintenance or continued operation of an abandoned dam near Kingsfield Road and that the company was not responsible for flood damage to scores of homes. The jury took a little more than an hour to return the verdict.
The class action lawsuit with over 300 property owners claimed the flooding of homes in several neighborhoods was caused by failure of the “Kingsfield Road Dam”, located on IP’s mill property in Cantonment.
The suit was filed in federal court in Pensacola in 2014, with class action status granted in September 2017 on behalf of real property owners in the Bristol Park, Bristol Woods, Bristol Creek and Ashbury Hills subdivisions in Cantonment.
The lawsuit claimed that on the night of a record rainfall, a large “swell” or “wave” of water breached and overflowed into Eleven Mile Creek, including the Bristol Park and Ashbury Hills subdivisions, Devine Farms Road and other surrounding areas, as a result of International Paper’s dam or levee. Both residential areas are located in “Flood Zone X” on flood insurance maps, meaning they were not in special flood hazard areas and required no mandatory flood insurance.
The paper mill stopped using the dam t0 discharge wastewater in 2012, according to court documents.
The failure, the lawsuit asserted, was the result of IP’s negligence in maintaining the Eleven Mile Creek Dam and levee, failure to counteract continued development, failed to control debris buildup in and around the dam, and of a failure to notify those downstream of the potential or ultimate failure of the levee system.
The plaintiffs were seeking damages for loss and damage to personal and real property, diminished property values, loss of enjoyment, mental anguish, loss of income and additional expenses due to the flooding in the neighborhoods.
In a May 2014 statement, International Paper told NorthEcambia.com:
“On April 29, 2014, the Pensacola Mill experienced the storm/flood event that the rest of the county experienced. There was significant erosion and wash-out of an inactive erosion control structure near Kingsfield Road. The structure was previously used to control erosion at this now abandoned outfall point, but it has been out of service since the mill completed transition to the pipeline in October of 2012.
“Our heartfelt thoughts and prayers go out to all those who have been directly affected by the area floods. Many of our team members were impacted by this event. On April 29, record storm water flows from across the entire 48-square mile watershed of Elevenmile creek [sic] rapidly exceeded the capacity of the creek. During and after the storm, the Pensacola mill continued to discharge to our pipeline, which bypasses the Elevenmile creek [sic] watershed. No part of the mill’s waste treatment facility failed or collapsed during or after the storm event. We have fully communicated with both state and local agencies regarding the impacts of the storm on the Pensacola mill.”
Pictured: Aerial photos provided to NorthEscambia.com in 2014 by plaintiff attorney J.J Talbott show what he said was the failure a dam and levee owned by International Paper that allowed flood waters to rush down Eleven Mile Creek. Photos for NorthEscambia.com, click to enlarge.
Comments
6 Responses to “Federal Court Rules For International Paper In 2014 Dam Failure Flooding Lawsuit”
REGARDING:
“Until you all go through something like this don’t judge!!”
Actually, you requested judgment by unbiased jurors. They looked the evidence even if they didn’t stare at the witnesses or the accused as might be desired.
AND
” Yes we had rain that night, but rain doesn’t go from 2 inches to 4 feet in less than a ½ hour.”
“More than two feet of rain fell in a 26-hour period in Pensacola, Fla., washing away bridges and closing mile after mile of highways” https://www.nbcnews.com/storyline/deadly-tornado-outbreak/life-threatening-flooding-submerges-pensacola-florida-n93201
There was never a flood-control dam. There was a freely flowing creek which overflowed its banks. Those homes along the banks were part of what was destroyed. We can feel sorrow for those who suffered loss without feeling there must be a bad guy in the paper company.
We don’t even have to hate the county for improperly mapping land along a creek as being prone to flooding if it fails to instantly carry more than 2.28 Billion cubic feet of water.
David for facts
I agree with “Linda”. Until you all go through something like this don’t judge!! I also went through this tragic event along with the rest of the neighbors. Climbing on the counter top and not knowing if you will survive all the water coming in through the door and windows. Not to mention what was coming up through the toilets!! We would just like IP to fess up with their wrong doings. Maybe they are the ones with the “deep pocket lawyers”!! We were not trying to be millionaires with our lawyers (which did an awesome job representing us). We just wanted what we deserve. I am so disappointed in our judicial system and Escambia County. Chris Curb drew on a map showing that some of the houses were close to a flood zone…but then the County approved the to build houses there!!! What does that tell you? I watched the jury….some were not ever paying attention. They were looking around, yawning, and looking disgusted that they had to be there. Try replacing every inside door, molding, sheet rock, appliances, electrical wiring, furniture….the list is long and never ending. Not to mention all of your personal items such as pictures and video’s. There are families still that don’t have walls and furniture. IP’s dam failed and flooded out the neighborhood, and somehow they convinced the jury to go with them. Yes we had rain that night, but rain doesn’t go from 2 inches to 4 feet in less than a ½ hour.
@Linda
When individuals don’t get the outcome they feel they deserve and want they always complain about the failure of the justice system. I don’t live in a flood zone but have flood insurance and the reason I do is because anything can happen. I feel bad for all those who lost so much but it wasn’t the fault of IP. They are the ones with the deep pockets that the lawyers go after.
It is not justice when homeowners are trapped in homes that have received over four feet of water in less than an hour – shortly after the IP dam “malfunctioned”. Since most of the homeowners were not in a flood zone and did not have flood insurance, they have now had to take out first or second mortgages to make their homes livable. Think about losing everything under four feet in your house. This is not justice but a failure of the judicial system!
This is justice.
reasonable