The epoxy supplier whose product was blamed for the fatal tunnel collapse in one of Boston’s Big Dig tunnels on July 10, 2006, has agreed to a $6 million settlement. The company, Powers Fasteners, Inc, has said that it informed contractors that its epoxy was unsafe to use for ceiling panels and would pull away over time. Company officials have stated that the epoxy was clearly intended for short-term loading only, and was not a defective product because it was never designed to be used for holding up ceiling tiles for extended periods of time. And, clearly, it was not sufficient to the task, when it failed, allowing 26 tons of concrete ceiling to crash down on cars below, killing one woman, whose husband is the plaintiff in the suit.
Any modeler knows these shortcomings of glues, that they are more susceptible to slow failure when put under consistent loads, and it seems only reasonable to assume that the other defendants in the wrongful death lawsuit, all experienced contractors and subcontractors, should have known this, too. However, they did not heed the warning, if they received it, setting the stage for the deadly construction accident in the midst of the country’s most expensive highway construction project ever.
Despite this settlement, other contractors are continuing to deny responsibility, and the court seems to be agreeing with them, since the epoxy manufacturer was the only one named as a criminal defendant. However, it seems impossible that the contractors and subcontractors who relied on this epoxy to perform a role for which it was clearly unsuited were not also negligent, and we can only hope that they will either step up or be forced to take responsibility for their part in this tragedy.
If you or someone you love has been hurt or killed in an automotive or construction accident in Philadelphia, Pennsylvania, contact the experienced personal injury lawyers at Pomerantz, Perlberger, & Lewis, LLP today to schedule your free initial consultation.
