PROVIDENCE – Gov. Daniel J. McKee's legal team is poring over more than 100,000 pages of documents in preparation for its decision in the coming weeks on whether to move forward with a civil suit against one or more yet-to-be-named companies for negligent work that led to the closure of the westbound side of the Washington Bridge.
A decision is expected in August, the lawyers said.
During a Wednesday press briefing, principal attorney Max Wistow said while the case involves "very complex technical and engineering issues,” the legal aspect is straightforward, likening it to a lawsuit brought against a medical company for negligent or fraudulent actions.
"We are doing our best to come to a conclusion as far as what we should do," he said. “And we are approaching that point. It is way more likely than not that we have a case ... Absent some startling revelation, our best judgment is we will be in a position to definitively recommend whether or not to bring a suit. And if so, against whom.”
Wistow said potential targets back several state administrations.
"Without any question, this goes way back before McKee," he said.
Wistow was a principal attorney in the 38 Studios case that led to a $61 million settlement, and he has been involved in several multiparty lawsuits, including a $176 million payout for victims of the fatal Station nightclub fire in West Warwick in 2003.
Savage, a partner at Providence-based Savage Law Partners LLP specializing in construction law and public-sector litigation, said the lawyers are withholding investigatory findings related to the bridge's failure because it may be subject to discovery. Instead, they will wait until a judge orders its release.
“That process will bring out a great deal of information the taxpayers are interested in through litigation, should we go in that direction," said Savage. "We are not going to filter any of that information and try to evaluate [ourselves] what happened. We are going to go where the facts lead us.”
By early August the team will determine whether "it's a go or no go,” said Savage. “And more likely than not it's a go.”
In April, McKee said the agreement with the legal team bases any compensation on a 16% contingency fee for any settlements reached. Wistow said Wednesday that they have yet to bill the administration for any work other than expenses.
About a dozen private companies who did work on the bridge were sent letters advising them not to destroy any relevant documentation or records, which Wistow said was meant to protect the state from insurance companies failing to pay up if ever a settlement is reached.
"What we are trying to do is get the maximum recovery that is conceivable for the state of Rhode Island," he said. "Because this is obviously a major hit to the taxpayers even with any contribution from the federal government.”
Wrongdoing regarding work on the bridge may have occurred; however, Wistow warned that doesn’t always mean success in court.
"Assuming somebody was negligent, what were the consequences?” he asked. "That is a rather complex issue.”
Wistow declined to speculate on what amount of damages might be sought.
"Our sole interest is to recover as much money as possible. Despite the overwhelming interest the public has, to start disclosing what we know at this point is potentially harmful toward that," he said. "We are talking about compromising millions and millions of dollars."
Christopher Allen is a PBN staff writer. You may contact him at Allen@PBN.com
