- Raw sewage came through the pipes of the Williams' family home and caused $363,000 in damage.
- The family continues to push the city for compensation five months later, but the city says they can only give them $200,000.
- Watch the video to find out why they say they can't give them more:
BROADCAST TRANSCRIPT:
Imagine sewage coming out of your sink.
That's what one Northeast Tallahassee family said happened to them.
I told you in May about the sewage that entered the Williams family home.
Mayor John Dailey said at the August commission meeting that the city has taken responsibility for the issue but they won't cover the whole cost.
Tara and Brad Williams said a living nightmare began on April 11th when sewage came out of their pipes and into their home.
SEE OUR COVERAGE OF THE HISTORIC FLOODING BELOW:
"This has been the worst thing that could ever happen to anyone," Tara said.
Their home is severely damaged and considered a bio-hazard.
"Our house literally had feces, used tampons floating down and around," Tara said.
Since April, the City of Tallahassee has taken responsibility for the back-up into their home.
The Williams said they have been renting ever since the back-up. They say they took time off work to get contractors lined up and meet with the city.
"They have to take up every piece of subfloor in our house. They have to take all the walls at least four feet up," Tara said. "It's been sitting so who knows what else is happening."
The estimate for repairs: $363,000.
City leaders said they can only offer them $200,000 under Florida's Sovereign Immunity Act.
That law exempts local governments from having to pay more than $200,000 dollars to an individual after damages due to alleged negligence.
That cap is $300,000 if multiple impacts are made from the same event.
City Attorney Amy Toman wrote in an opinion that since the Williams are joint homeowners with one claim, they fall under the $200,000 cap.
I reached out to City Treasurer Clerk Jim Cooke.
He said the city has nothing to add.
Attorney Daniel Woodring practices municipal government law and said this follows that statute.
"The sovereign immunity is really intended to kind of protect the public at large not the individuals," Woodring said.
He said there are some exceptions, like passing a bill through the legislature or getting more from the city's insurance.
"They are permitted to settle for greater than that cap if it's covered by insurance if they choose to but they can't be forced to do that," Woodring said. "It's very tricky because often, the insurance for a governmental entity is predicated on them having a cap."
The Williams said they still think there is another way to put an end to their nightmare.
"We literally were just asking just pay for what we need to be back in our house," Tara said.
The Williams said they won't be able to start work on their home until they come to an agreement with the city.
