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Tampa Council To Vote On Broken Pipe Settlement

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Published: October 16, 2008

TAMPA - The city plans to pay a South Tampa couple $240,000 to settle a lawsuit over a cracked stormwater pipe that damaged the foundation of their home.

David and Irene Smith sued the city in January, saying the pipe near their home left their house uninhabitable. In the lawsuit, the Smiths argued that the city's refusal to remove and repair the cracked stormwater culvert meant the city had essentially "taken" their home, a legal concept called inverse condemnation.

A circuit judge dismissed that claim, but a jury found the city negligent for not fixing the pipe, saying it should pay $340,000 for a nuisance and negligence claim.

The Tampa City Council is expected to vote on the settlement, negotiated between the city and the Smiths' attorney over the past several months, at today's meeting.

After the Smiths sued, city attorneys raised concerns that the case, if decided in the Smiths' favor, could set a precedent and open the door for other homeowners to sue.

In its legal findings, the city also argued the culvert was on the land before the Smiths bought the home and therefore the couple was not entitled to compensation.

Reporter Christian M. Wade can be reached at (813) 259-7679.

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