Rhode Island sues 13 companies for negligence, breach of contract on Washington Bridge

Attorney General Peter F. Neronha, Governor Dan McKee, and the outside legal team of Max Wistow and Jonathan Savage announced the filing of a lawsuit against 13 companies that have provided design, construction, and inspection services to the State related to the Washington Bridge. The lawsuit seeks to hold accountable those companies responsible for the near-miss catastrophic closure of the bridge and to recover the significant resources required to rebuild the bridge and compensate the State.

As alleged in the complaint, filed in Providence County Superior Court, the companies failed to timely and adequately identify worsening structural issues that ultimately led to the sudden and unexpected closure of the Washington Bridge. It is alleged that there were multiple failures over multiple years to bring problems with the bridge to the Rhode Island Department of Transportation’s attention and to recommend adequate remedial measures. 

In its complaint, the State brings claims of breach of contract, fiduciary duty, and negligence against the following, with specific claims varying among the defendants:

AECOM Technical Services, Inc.

Aetna Bridge Company

Aries Support Services, Inc.

Barletta Heavy Division, Inc.

Barletta/Aetna I-195 Washington Bridge North Phase 2 JV

Collins Engineers, Inc.

Commonwealth Engineers Consultants, Inc.

Jacobs Engineering Group, Inc.

Michael Baker International, Inc.

Prime AE Group, Inc.

Steere Engineering, Inc.

Transystems Corporation

Vanasse Hangen Brustlin, Inc.

“The emergency closure of the Washington Bridge and subsequent mitigation efforts have strained our state,” said Attorney General Peter F. Neronha. “In the nearly nine months since the abrupt closure, our economy has borne an immense cost, and our state has and will continue to have to expend significant resources as a result. Today’s lawsuit seeks to hold accountable those responsible and recover the maximum amount possible for the State. Litigation is a long road and today marks the first step on that road. We are committed to working with our partners to secure as much relief for the state as we can.”

“As promised, the State is pursuing accountability from all responsible parties who we assert have contributed to the current situation with the Washington Bridge,” said Governor Dan McKee. “I am pleased that the Attorney General and Attorneys Max Wistow and Jon Savage have delivered a strong case, and I look forward to an outcome that will benefit Rhode Island taxpayers.”

The state, of course, cannot sue the state, or itself, so none of the actions yesterday to file in court address the RI Department of Transportation or its officials and their role in failure to repair the bridge. Neronha said this will be a “long process” – expected to take over a year. During testimony, actions or inactions of the RIDOT would come out.

Also, some of the companies involved in repairing – or removing – the bridge right at this time – namely Aetna Bridge – are named in the legal action. Aetna has responded saying it intend to vigorously defend the action. The Cardi Corporation is not named in the suit, and may not have been included as the entity no longer exists, having been completely shut down a few years ago.

Gov. McKee’s promise of a “day of reckoning” that will come “soon” may be no closer than this lawsuit, keeping information out of broad, public disclosure so as not to impact legal action.

The State has engaged the law firms of Wistow, Sheehan & Loveley, P.C. and Savage Law Partners, LLP, to investigate and litigate the claims brought today, under the direction of the Attorney General, and with his team, Deputy Civil Chief Sarah Rice and Consumer Protection Chief Stephen Provazza.