5 Things to Know About Rhode Island’s Washington Bridge Litigation
GoLocalProv News Team and Josh Fenton
5 Things to Know About Rhode Island’s Washington Bridge Litigation
The lawsuit is expected to name multiple companies — both construction and consulting firms.
Legal action was promised months ago by Governor Dan McKee, but McKee’s promises came and went.
GET THE LATEST BREAKING NEWS HERE -- SIGN UP FOR GOLOCAL FREE DAILY EBLASTAt a press in March, he claimed that he was angry and that the “Day of Reckoning” was coming for those responsible for the failure of the Washington Bridge.
“The day of reckoning for those who are responsible for those who are responsible for the position that we are in...the position that the people in the State of Rhode Island are in...that day is coming, and it is coming very soon,” said McKee.
Now, five months later, it is clear that McKee’s “day of reckoning” will be replaced by protracted civil litigation.
Wistow, at a July 10 press briefing, outlined the scope of the litigation process and said that even if there were malfeasance by officials at the Rhode Island Department of Transportation, this litigation would not address those issues.
He said, “The state is not going to sue the state.”
Rhode Island Department of Transportation Director Peter Alviti is at the center of the bridge failure. He has overseen the agency for more than nine years.
Here is what we know and what we can expect in the lawsuit:
5 Things to Know About Rhode Island’s Washington Bridge Litigation
1.
Expect a Large Number of Companies to be Named in the Lawsuit
Based on lead attorney Max Wistow’s strategies in the past — 38 Studios and St. Joseph’s failed pension fund receivership — he will sue everyone with culpability who has deep pockets and an insurance policy.
2.
Slow Process
From the time of the filing of litigation to the settlement with the last litigant, 38 Studios was in excess of four years for 38 Studios and more than five years for the St. Joseph pension fund.*
This litigation will be complicated by the fact that Rhode Island Department of Transportation (RIDOT) officials have approved the work and reports of the companies sued, and the state is not poised to sue those RIDOT officials.
*Note the last settlement [the Diocese of Providence] in the St. Joseph pension receivership could be reopened if the Pension Benefit Guaranty Corporation does not approve the fund.
3.
Federal Investigation Is Ongoing
In February, GoLocal reported that multiple contractors and engineering firms who have worked on the Washington Bridge since 2015 had received demand letters for all information and communications relating to the bridge from the U.S. Department of Justice (USDOJ).
Contractors, including Barletta Heavy Division and Cardi Corporation, had received demand letters. As many as a dozen firms may be part of the investigation.
Barletta is presently under indictment and awaiting trial. Rhode Island Governor Dan McKee has defended Barletta's continued work on the now dysfunctional Washington Bridge.
On January 26, McKee’s office announced that it had been notified by the USDOJ and the U.S. Department of Transportation’s Office of Inspector General that the federal agencies have launched investigations into the failure of the Washington Bridge.
“Today, the Rhode Island Department of Transportation was notified that the United States Department of Justice and the Office of the Inspector General is seeking documents and records related to the Washington Bridge. This is not unexpected, and the Governor welcomes the review. The Governor has instructed the Rhode Island Department of Transportation to fully cooperate. As you know, the Governor has directed his Department of Administration to hire an independent, third-party expert to review this matter as well," said McKee's office at the time.
4.
Expect State Court Rather Than Federal Court
The state's lawsuit is expected to be filed in state court, and the likely venue is Providence Superior Court.
In August 2023—six years after the pension fund was placed in receivership—the last litigant [Diocese of Providence] agreed to pay just $2.5 million.
5.
Attorney General Coordinating With Wistow and Savage
Expect an announcement that the Rhode Island Attorney General's office will review potential state criminal action in coordination with the Wistow and Savage team.
A formal announcement is expected by Attorney General Peter Neronha and Governor Dan McKee by the end of the week.
