A Superior Court judge has rejected the latest attempt by vendors to have Rhode Island’s Washington Bridge lawsuit against them thrown out.
A motion to dismiss the case from four of the 13 defendants had argued that the state’s case against them, for allegedly faulty work on the now demolished bridge, was legally flawed.
But Judge Brian Stern on Monday, Aug. 25, ruled that the state had claimed damages that − if supported by facts − could make the defendants liable.
Go deeper: What the ruling said
The motion to dismiss was filed by Aries Support Services, Commonwealth Engineers, Jacobs Engineering Group and Steere Engineering. All had worked as subcontractors on Washington Bridge contracts.
Stern’s ruling came after his February ruling denied a motion to dismiss from all of the defendants, including major players in the decade-plus failed bridge repair efforts.
The latest motion to dismiss revolved around whether the state could make negligence claims against the defendants if the only damage the state suffered was to the westbound Washington Bridge.
Under the “economic loss doctrine,” the motion to dismiss argued, claims to damage of the now demolished westbound Washington Bridge would be properly handled as a contract dispute.
Wear-and-tear to eastbound Washington Bridge added to lawsuit
But the state argued that, in addition to losing the now defunct westbound Washington Bridge, the failure of the defendant contractors to save that span had resulted in added “wear and tear” to the eastbound span now carrying both directions of Interstate 195.
Since both directions of traffic were shifted onto the eastbound bridge − which includes a 1920s foundation and 2007 superstructure − the Rhode Island Department of Transportation has reassured motorists that the eastbound span is fine and perfectly capable of carrying double the normal load.
The state’s amended complaint offers no specifics on exactly what type of damage is being done to the eastbound bridge, how much it is costing the state or how much the life span of the bridge is being shortened.
It says only that “physical maintenance” and “repairs to physical aspects” of the eastbound bridge “are required on a much more frequent basis.”
But that was enough for Stern, who wrote that “assuming all allegations in the amended complaint are true and resolving any doubts in the state’s favor, as the court is required to do on motion to dismiss, the court is left with the inescapable inference that the state has alleged damage to other property beyond mere loss of use.”
Barring any new developments or settlements, the Washington Bridge lawsuit is slated to go on for years.
The deadline to complete discovery, the fact-finding process of requesting documents and deposing expert witnesses, is May 16, 2027, according to a scheduling order.
And a trial would take place over six to eight weeks starting Nov. 15, 2027, a year before the projected opening of the new Westbound Washington Bridge span.
This article originally appeared on The Providence Journal: Washington Bridge lawsuit will go on, as judge refuses to dismiss the case
