In Nickels v. Metropolitan Govt. of Nashville and Davidson County, No. M2015-01938-COA-R3-CV (Tenn. Ct. App. Sept. 28, 2016), the Court of Appeals went through a thorough analysis of Tennessee’s Governmental Tort Liability Act (GTLA) as it related to a claim regarding the malfunction of a sewer and stormwater system.
Though the facts here were quite detailed, the gist of the matter was that plaintiff owned a dentist office in midtown Nashville, and the land surrounding the office “generally [rose] in every direction.” This area of Nashville has a combined sewage and stormwater system, and there was a catch basin behind the office parking lot where stormwater was intended to be integrated into the sewer line. From this catch basin, the mixed water was fed downstream “into a twelve-inch line,” which then connected to a much larger 108-inch pipe.
In 2005, plaintiff built an addition onto his dental office. Later that year, plaintiff’s office manager called Metro Water Services for the first time to report that plaintiff believed the storm drain was clogged, as there was flooding in the alley behind the office. Plaintiff called Metro again in May 2006 to report that water was coming out of the catch basin, after which Metro did a video inspection of the water line that showed concrete in the 12-inch line. This concrete was not removed. In September 2006, plaintiff’s office flooded from the back door and the shower drains, and the floodwater contained sewage. On June 3, 2007, the office flooded again. Metro inspected the pipe again, and found “four to five inches of concrete and debris in the line.” Metro removed two sections of the pipe but did not compensate plaintiff for repairs to his office. Metro did, however, install a back-trap device on plaintiff’s service line.