House candidate wants liability reform
By Joel Davisof The Daily Times Staff
Originally published: February 28. 2008 3:01AM
Last modified: February 28. 2008 12:06AM
State House candidate Tona Monroe-Ball is calling for reform of the Tennessee Governmental Tort Liability Act, which caps property damage claims at $100,000.
Monroe-Ball is seeking the Republican nomination for the 20th Congressional District seat currently occupied by state Rep. Doug Overbey, who has decided to challenge state Sen. Raymond Finney for his seat.
"The foundation of my candidacy hinges on government accountability," said Monroe-Ball, a Republican, in a Tuesday press release.
"There could be no greater definitive example of government unaccountability than the accidental destruction of Martha Ridings' home by the Blount County Highway Department. No citizen whose property has been destroyed by their government should be forced to settle for less than the appraised tax value of their property.
"Yet, by using craftily coded state law, Blount County is offering Ms. Ridings much less than her assessed property value, especially when considering the personal contents lost. The state laws under Title 29 should be amended to fairly compensate citizens for full value lost as a result of government negligence in a timely manner. This is the type of legislation that I will support when elected."
Ridings, a Walland resident, has claimed that Blount County workers accidentally caused her home and business to burn to the ground last year. Because of a state cap on property damage claims against local governments, representatives from the county say she can only be paid $100,000 for her losses.
Tennessee's statute regarding governmental liability is detailed in the Tennessee Code under Section 29-20-403. The statute limits property damage claims against the government to $100,000 and bodily injury or death claims against the government to $300,000.
According to Ridings, a Blount County Highway Department truck caused the fire five months ago when it accidentally hit a power line while dumping a load of brush behind her home. The county has not disputed Ridings' version of events, which are also detailed in a police report dated Sept. 6, 2007 -- the day the fire occurred.
According to Ridings, who carried no insurance on the property, the fire started a few minutes after noon and firefighters were on the scene until after 5:30 p.m. When the fire was out, Ridings' business, which manufactured wooden handles, and her home were destroyed.
For more than 30 years, Ridings lived in the home at 749 Blair Loop Road in Walland. The county offered Ridings a settlement of $120,000, in writing, in October. Ridings then got her own appraisal from Tennessee Valley Appraisal Services showing the property was valued at $230,836.
In November, Ridings said the county came back to her with another settlement proposal of $157,100, and said it was their "final offer."
Liability limits for government entities differ greatly by state, with states at the lower end, like Tennessee, capped at $100,000 and other states capped at $500,000 and more.
If you want even more of the best news and information source in Blount County, every word of The Daily Times print edition is available online. Get fully searchable access online and a downloadable PDF copy of the newspaper every day with your subscription. Prefer hard copy? Subscribe today for home delivery service. The Daily Times, your hometown newspaper of record for 125 years and counting.