A lawyer hired by the state of Rhode Island to claw back money for the debacle involving the westbound Washington Bridge said a lawsuit is more likely than not, although a final decision is not expected for a few more weeks.
Barring a surprise, lawyer Max Wistow said the call on whether to pursue litigation will be made in early August, more than seven months after the state abruptly closed the westbound span in December.
Gov. Dan McKee hired Wistow and Jonathan Savage in April as the state’s legal team to seek accountability for the deterioration and closure of the bridge.
The roots of the problem with the bridge “goes way back before the McKee administration,” Wistow told reporters during a news conference at Savage’s Providence office, although he declined to elaborate or put a dollar figure on the amount the state could potentially recover.
More time is necessary, the lawyers said, due to the tens of thousands of pages of records being reviewed and an analysis by WJE, an engineering firm hired by the state to investigate the condition of the bridge in the wake of its closure.
For a lawsuit to proceed, Wistow said, there would need to be evidence “that somebody involved in the matter performed below the standard of care that is acceptable for engineers, for designers, for architects, for that kind of thing, and you need that expert to say what the consequence of that failure to adhere to the standard of care was.”
The closing of the bridge last year has caused ongoing traffic congestion, frustrated drivers and led to fewer customers visiting some small businesses in greater Providence, despite attempts by state officials to mitigate the situation.
If a lawsuit is filed next month, that will delay the public release of fresh findings unearthed by the state’s legal team. Wistow — who clawed back tens of millions of dollars after Rhode Island’s disastrous investment in former Red Sox star Curt Schilling’s video game company, 38 Studios — said seeking to recover money for taxpayers is the top priority.
“Our only interest is to recover as much money as possible,” he said. “We honestly believe that in spite of the overwhelming interest the public has, to start disclosing what we know at this point is potentially harmful for that.”
Wistow and Savage spoke one day after McKee and Peter Alviti, director of the state Department of Transportation, revealed the state will issue a request for information to shed light on why the state failed to attract any bidders to rebuild the westbound Washington Bridge.
Wistow said letters sent to some state vendors were meant to ensure that they retain records, but do not indicate that they are potential targets of a lawsuit.
Part of the analysis by the legal team is whether the state Department of Transportation bears any liability for the situation with the westbound Washington Bridge, although Wistow said, “There is absolutely no sense in the state suing the state. The Department of Transportation is the state. It would be not much of a recovery, if you could even do such a thing.”
