The family of a woman killed when the ceiling of a downtown Boston tunnel collapsed has settled a wrongful death lawsuit for more than USD28 million. The settlement was announced on 30th September, 2008 by attorneys for the husband and three adult children of Milena Del Valle, a Costa Rican woman who lived in Boston, who was killed in July 2006 when part of a tunnel ceiling collapsed on her car. Click here and here.
The main defendants in the lawsuit included companies that worked on the Big Dig: Bechtel/Parsons Brinckerhoff (PB), Modern Continental, Gannett Fleming and the Massachusetts Turnpike Authority (MTA), which had charge of the massive highway project. The family's lawsuit accused them of negligence.
The settlement resolves claims against all 15 defendants. The companies do not admit to liability in the settlement. The overall figure includes earlier settlements by Powers Fasteners for USD6 million and bolt distributor Newman Associates for USD4 million.
In a 2007 report, the National Transportation Safety Board (NTSB) criticised many of the contractors involved in the Big Dig, saying the tunnel collapse could have been avoided if designers and construction contractors had considered that the epoxy glue holding support anchors for concrete ceiling panels could slowly pull away. Click here.
Gannett Fleming and Bechtel/PB were criticised for failing to identify potential creep in the epoxy bolts. Modern Continental and Bechtel/PB were faulted for failing to monitor the bolts after several of them began to creep out of the ceiling in 1999.
"The tunnel collapse in 2006 was the result of a colossal failure of oversight by past administrations," the MTA said in a statement. "Since taking control of the Big Dig last year, we have completed a detailed stem-to-stern review of the project as well created an inspection program to ensure that tragic night never happens again. We hope closure has come to the Del Valle family."
A spokesman for Bechtel/PB said he had no immediate comment on the settlement. Representatives of Gannett Fleming and Modern Continental did not respond immediately to a request for comment.
The USD15 billion Big Dig, the most expensive highway project in US history, replaced an elevated highway in the heart of Boston with a series of tunnels, ramps and bridges. The project has been plagued by cost overruns, leaks, falling debris, and other problems linked to faulty construction.
In January, Bechtel/PB and several smaller companies reached a USD458 settlement with the state of Massachusetts to avoid criminal charges. Powers Fasteners, which said it could not afford to make a similar settlement with the state, has pleaded not guilty to manslaughter. 41/08.
