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Decision Split In Leaking Pipe Case

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By ELLEN GEDALIUS, The Tampa Tribune

Published: February 16, 2008

Updated: 02/16/2008 12:55 am

TAMPA - A circuit court judge and jury ruled this week partially for the city and partially for a South Tampa couple in a case regarding a cracked stormwater pipe.

Senior Assistant City Attorney Gary Glassman said the judge threw out a charge against the city that could have had broad implications.

If the judge had ruled otherwise, Glassman said, "then it's possible everyone with a pipe under their property would come to us and say, 'Buy my house because there's a piece of pipe under my property.' That claim could have presented a big challenge to the city."

At issue was a case in which David and Irene Smith sued the city, arguing a cracked stormwater pipe near the foundation of their home left their house uninhabitable. Their lawsuit said the city should be held responsible.

The Smiths argued the culvert continues to damage their home and the city's refusal to remove and repair it means the city has essentially "taken" their home. The legal concept is called inverse condemnation.

The judge dismissed that claim, Glassman said.

The jury on Thursday did find the city negligent in not fixing the pipe, however, and said it should pay about $340,000 for a nuisance and negligence claim.
Glassman said the city hasn't yet decided whether to appeal.

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