The City of Pittsburgh says it’s willing to settle the lawsuits filed by eight people injured in the Fern Hollow Bridge collapse.
But at every turn for more than two years, city attorneys have frustrated the plaintiffs and their lawyers, resorting to extensive legal maneuvers, denying requests to turn over documents and filing numerous objections.
After yet another courtroom duel Friday, the victims’ attorneys had some thoughts in response to a city statement to TribLive saying that Mayor Ed Gainey “continues to support the city in its efforts to settle with plaintiffs,” and “the city remains open to any settlement discussions.
“Our response is: Actions speak louder than words,” said attorney Steve Barth, who represents Daryl Luciani, the Pittsburgh Regional Transit bus driver injured that day. “Why send a press release? Why not write a check?”
The eight people injured have all sued the city, which owned the Fern Hollow Bridge, and the engineering firms that were contracted through the Pennsylvania Department of Transportation to inspect it.
In February, the National Transportation Safety Board determined that the 447-foot long bridge collapsed because the city failed for years to address severe corrosion and decay.
The bridge, which connected the city’s Regent Square and Squirrel Hill neighborhoods, collapsed on Jan. 28, 2022, into a Frick Park ravine about 6:40 a.m.
Five vehicles, including a mass transit articulated bus, fell, and a sixth vehicle shot into the ravine. No one died, but some victims had serious injuries.
Under Pennsylvania law, liability limits for the city are capped at a total of $500,000 to be divided among all victims.
“They concede they own the bridge. They concede the case can proceed,” said attorney Peter Giglione, who also represents Luciani, following a hearing in the case on Friday. “I don’t know why we’re continuing to fight this battle with the court.”
The plaintiffs’ attorneys believe the city, if it wants to settle, could deposit $500,000 with the court and then allow the rest of the case against the engineering firms to continue — with the city’s cooperation.
Olga George, a spokeswoman for Gainey, said in a statement that on Dec. 20, the city asked the plaintiffs to provide demands to settle their claim. To date, according to the statement, no such demands have been made.
In the letter, Associate City Solicitor John Doherty also wrote that the city could settle only after lawsuits were filed.
“The city is and has been prepared to negotiate but can only negotiate with those plaintiffs who have filed complaints and provided the city with replies to discovery to support their alleged damages and demands,” Doherty wrote.
Plaintiffs’ lawyers said they were unable to file their complaints by the Dec. 28 deadline set by Doherty because the city refused to tell them what engineering firms had been used to conduct the bridge inspections, hindering their ability to identify all possible defendants.
The complaints were finally filed in May.
“They’re trying to spin this back on us like we failed to give them numbers,” said attorney Jason Matzus, who represents Clinton Runco, a dentist injured in the collapse. “That has nothing to do with us. They could have voluntarily paid their money into court from day one. “
“It’s completely disingenuous for the city to suggest.”
Nonetheless, Giglione said that the plaintiffs look forward to a resolution.
“We will in good faith attempt to engage the city in settlement negotiations as soon as possible.”
Paula Reed Ward is a TribLive reporter covering federal and Allegheny County courts. She joined the Trib in 2019 after spending nearly 17 years at the Pittsburgh Post-Gazette, where she was part of a Pulitzer Prize-winning team. She is the author of “Death by Cyanide.” She can be reached at pward@triblive.com.