$28M settlement reached in Boston tunnel death lawsuit

Oct. 1, 2008

More than $28 million was awarded to the family of a woman killed when the ceiling of a Big Dig tunnel collapsed back in July 2006.

The settlement was announced Sep. 30 by attorneys for the husband and three adult children of Milena Del Valle, 39, a Costa Rican woman who lived in Boston, who was killed in July 2006 when 26 tons of concrete collapsed on the car she was riding in with her husband, Angel Del Valle.

More than $28 million was awarded to the family of a woman killed when the ceiling of a Big Dig tunnel collapsed back in July 2006.

The settlement was announced Sep. 30 by attorneys for the husband and three adult children of Milena Del Valle, 39, a Costa Rican woman who lived in Boston, who was killed in July 2006 when 26 tons of concrete collapsed on the car she was riding in with her husband, Angel Del Valle.

Brad Henry, an attorney for Del Valle's children, said the settlement resolves claims against all 15 defendants, including the Massachusetts Turnpike Authority and companies that worked on the downtown Boston project. He said the companies do not admit to liability in the settlement.

In a 2007 report, the National Transportation Safety Board said that the wrong type of epoxy was used in the project. The report spread blame among Big Dig project manager Bechtel/Parsons Brinckerhoff, construction contractor Modern Continental, designer Gannett Fleming and epoxy supplier Powers Fasteners.

"The tunnel collapse in 2006 was the result of a colossal failure of oversight by past administrations," the Turnpike Authority 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."

"It's very clear that there was a remarkable lack of oversight and there was some terrible engineering," Henry said. "There is plenty of blame to go around, but as the management consultant Bechtel/Parsons Brinckerhoff was in the best position to correct problems that had started with the design and continued through the construction."

Henry could not provide a breakdown of how much each defendant will pay. The overall figure includes earlier settlements by Powers Fasteners Inc. for $6 million and bolt distributor Newman Associates for $4 million.

In January, Bechtel/Parsons Brinckerhoff and several smaller companies reached a $458 settlement with the state 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.

While erasing all criminal charges, the January settlement does not release Bechtel/Parsons Brinckerhoff from liability for any future catastrophic events, if any occur within the next decade.

In the agreement, the joint firm acknowledges serious failures in its management of the major construction project.

The $15 billion Big Dig, the most expensive highway project in U.S. 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. Del Valle's death prompted tunnel and road closures and sparked a public outcry.

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