Lawyers reveal details of Big Dig tunnel settlement

Ceiling collapses on car after fast-set epoxy fails

$6 million settlement

A lawsuit arose out of the death of Milena Del Valle and injuries to her husband, Angel, after sections of the I-90 Connector Tunnel collapsed and crushed their car as it passed below. The plaintiffs brought the action to hold accountable all entities responsible for the wrongful death and to recover damages arising from the death and for injuries suffered by Angel and Milena's children.

Milena's next-of-kin included her widower, Angel, her daughter, Raquel, and two sons, Caled and Jeremy. Her family members were devastated by her death at age 38. Milena was also survived by two grandchildren, Aaron and Randy, and her mother, Miriam. Angel lived in Massachusetts, and Milena's children live with their grandmother in Costa Rica.

Defendant Powers Fasteners of Brewster, N.Y., sells anchor bolt hardware packaged together with an epoxy (manufactured by defendant Sika Corp.) into a cartridge system used in certain types of construction. Defendant Modern Continental, the tunnel-finishes construction contractor (supervised by Management Consultant Bechtel/Parsons Brinkerhoff for the Massachusetts Turnpike Authority), selected and purchased the epoxy-bolt system from Newman-Renner-Colony, which had a marketing program with Powers that repackaged and sold the product under the Newman name.

Powers and Newman sold two types of adhesive anchor bolt systems - one "fast-setting," which was not approved for the sustained loads involved in most overhead applications, and the other, a "standard-setting" system, which, at the time of construction in 1999, could be used for certain overhead applications under appropriate circumstances. In 1999, more than 1,000 fast-set units were ordered together with 120 standard-set units, the latter apparently intended for use in the last 250 feet of the I-90 Connector ceiling.

After a yearlong investigation, the National Transportation Safety Board concluded that Modern had installed the four-inch-thick concrete and steel overhead panels using "fast-set" rather than the "standard-set" epoxy that had apparently been ordered for that purpose. One month after the bolts were installed, they were discovered by Modern and Bechtel to be slowly creeping or slipping out. Modern and Bechtel contacted Powers and Newman to help diagnose the problem, but the cause of the slippage was not definitely determined at that time. Nevertheless, Modern and Bechtel continued with ceiling installation. Only those bolts in the area where slippage had been found were tested to a higher test weight, and only those bolts found to be slipping were replaced.

Prior to the commencement of depositions in July 2007, all parties in the case attempted to mediate a global settlement during a weeklong session.

When those talks failed, the plaintiffs began taking depositions. In November and December 2007, the plaintiffs and Powers commenced confidential negotiations, working with mediator Paul A. Finn of Commonwealth Mediation. After a full day of mediation, followed by several weeks of intensive negotiations and shuttle diplomacy by Finn, Powers and the plaintiffs reached an agreement on Dec. 21, 2007, on the first settlement in the case in the amount of $6 million.

Type of action: Negligence & tort

Injuries alleged: Death and injuries

Name of case: Angel Del Valle and Raquel Ibarra Mora, Co-administrators of the Estate of Milena Del Valle and Angel Del Valle, Individually v. Bechtel Corp., et al.

Court/case no.: Suffolk Superior Court, No. 06-3654

Tried before judge or jury: N/A (settled)

Name of judge: Case was specially assigned to Stephen E. Neel

Amount of settlement: $6 million (settlement solely with Powers Fasteners; remainder of case continues)

Date: Dec. 21, 2007