WAVERLY, Tenn. (WTVF) — A federal jury unanimously sided with CSX Transportation on Monday in a lawsuit brought by families who lost loved ones in the deadly 2021 Waverly flood.
Jurors found the families did not prove CSX failed to warn of an unsafe condition on its property or maintained a nuisance by wrongfully interfering with the natural drainage of surface water.
The lawsuit was filed in 2022 on behalf of 10 families who lost 11 loved ones. It alleged debris blocking culverts beneath a CSX railroad bridge caused millions of gallons of water to back up before breaking through and creating what the lawsuit called a “deadly tidal wave.”
The Aug. 21, 2021, flood killed 20 people in Waverly after as much as 17 inches of rain fell in parts of Humphreys County.
Following the verdict, CSX said:
“Our thoughts remain with the families and everyone affected by the 2021 flood in Waverly. We're grateful to the jury for its careful consideration of the evidence, and the unanimous verdict affirms what the facts have shown from the start: CSX and its employees acted responsibly, safely, and in full compliance with applicable standards.”
The verdict comes as Waverly continues its recovery nearly five years later.
When NewsChannel 5 visited in June, Mayor Buddy Frazier said some lots where homes once stood remained empty, while work continued on new affordable housing and an updated FEMA flood map.
The Cherry Hill Residential Community, being built on higher ground, is expected to eventually provide homes for 62 families.
But Frazier said rebuilding homes and infrastructure cannot replace the 20 people who died.
“Homes, you know, there's a plan for replacement on all those — but there's not a replacement for all of these,” Frazier said in June while pointing to photographs of the victims hanging inside Waverly City Hall.
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