$1000 Potential Penalty for Negligence in Massachusetts Big Dig Tunnel Auto Accident

Criminal Indictment from MA Attorney General in Big Dig Tunnel Collapse Case

August 9th 2007

The first criminal indictment came down from Massachusetts Attorney General Martha Coakley's office yesterday. It included an involuntary manslaughter charge for the maker of the ceiling bolt epoxy that was used to fasten the bolts of the ceiling in the big dig tunnel collapse that took the life of Milena Del Valle, a mother from Jamaica Plain, MA.

The firm targeted in the indictment was Powers Fasteners of New York. The rationale for the indictment was that the company was aware that the epoxy was not safe and was not designed to support ceiling tiles.

Because of Massachusetts Law, if convicted they could be served with no more than a $1000 fine. Coakley said that $1,000 "does not appear to come close to being an appropriate penalty." Coakley also asserted that, "The direct result of the behavior of Powers was the cause of her death," and she added during a press conference "I won't be satisfied until there is a conviction in the case."

Officials at Powers Fasteners were "stunned, beyond belief" by the indictment, and maintained their innocence and felt, "The only reason that our company has been indicted is that, unlike others implicated in this tragedy, we don't have enough money to buy our way out," officials noted that the company sold just $1,287.60 worth of epoxy for use in the ceiling.

The state of Massachusetts claims that Powers should have made clear that of the two types of epoxy used, the fast drying epoxy was not appropriate for use to support the tiles.

There is potential for other firms involved in the construction of the tunnel to be indicted, but Coakley would not give specifics. If there is a criminal conviction, no one will serve prison time, but it will strengthen Massachusetts' civil case to recover additional damages for the accidental death.

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