Travelers Insurance Sues Chicago for $26M in Damages to Willis Tower | Columbus Ohio Dump Trucks

Legal

The insurer filed the lawsuit May 1 in federal court alleging that the city and Metropolitan Water Reclamation District (MWRD) mishandled opening floodgates, causing damage to the Willis, formerly Sears, Tower at 233 S. Wacker Drive, and to construction columbus oh dump truck work occurring in the building for the Willis Tower repositioning project.

The lawsuit stems from a May 17, 2020 rain storm during which Travelers asserts that the MWRD opened the floodgates and/or locks of the river, but "certain gates were not opened or were only partially opened, which allowed water levels in the river to rise well above flood stage and overwhelm the sewer system causing it to fail."

The insurer notes that the city and MWRD either individually or jointly managed and controlled the height of the Chicago River near the building and had responsibility for operating the Chicago River Lock and Controlling Works.  

ENR reported in 2020 that more than 8 in of rain fell between May 15 and 17 across the greater Chicago area, flooding lower Wacker Drive and raising river heights, including the highest levels recorded on the river in more than 60 years.  

The MWRD opened the gates to Lake Michigan and attempted to reverse the flow of the river to pump the water into the lake, away from residences and businesses, but the water level in the lake was so high on May 17 that the operation didn't immediately work. In order for the MWRD to reverse the flow of the Chicago Area Waterways, the river must be higher than the lake.

The complaint alleges that the flooding of private property “was foreseeable because MWRD knew or should have known that the system it had constructed, operated, and/or maintained was inadequate and would result in flooding of adjacent properties.” 

The lawsuit also charges that the MWRD and city violated the Illinois Constitution which requires that "private property shall not be taken or damaged for public use without just compensation as provided by law."

Both the city and MWRD are guilty of a breach of statutory duty and negligent failure to remedy a known dangerous condition, according to the complaint.  

Traveler’s, the law firm representing Traveler’s, and the City of Chicago did not respond to requests for comment. 

Allison Fore, public and intergovernmental affairs officer for the Metropolitan Water Reclamation District, said the district doesn’t comment on pending litigation. 

Willis Tower is 50 years old this year. The final piece of steel was laid in the building on May 3, 1973. The repositioning project was completed by Turner in 2021.

Annemarie Mannion is editor of ENR Midwest, which covers 11 states. She joined ENR in 2022 and reports from Chicago.