The state’s lawsuit against the 13 firms accused of doing negligent work on the westbound Washington Bridge can proceed to a 2027 trial date, a Rhode Island Superior Court judge has ruled.
Judge Brian Stern on Monday denied motions from four subcontractors to dismiss the case, ruling that allegations by the state could make the defendants liable for structural deficiencies that led to the westbound highway’s abrupt closure in December 2023.
Stern’s decision comes nearly three weeks after a hearing in his Providence courtroom when lawyers for the four engineering and construction vendors argued they had no contractual obligation to prevent or detect the infrastructure problems that put the bridge over the Seekonk River at risk of collapse.
The motions asking the judge to throw out the claims against them were filed by Steere Engineering, Inc.; Jacobs Engineering Group, Inc.; Aries Support Services, Inc.; and Commonwealth Engineers & Consultants, Inc.
Attorneys for the four firms did not immediately respond to requests for comment.
Their arguments hinged on the “economic loss doctrine,” the legal theory that contractors can’t be found responsible for damages or negligence outside the terms of a contract. A similar case was made in February by seven of 13 bridge vendors who pushed to have the case tossed. Stern ultimately rejected their arguments due to insufficient evidence to meet the high legal standard needed for a dismissal.
However, he said the state’s initial August 2024 complaint failed to identify specific physical damages beyond the bridge itself. Stern gave state officials 30 days to amend its lawsuit, which they did in April, when they claimed the eastbound Washington Bridge has sustained added wear and tear since absorbing westbound traffic in December 2023. That seemed to contradict transportation officials’ assurances that the eastbound bridge is still safe for two-way travel.
The state’s updated 53-page complaint doesn’t specify what damage has been caused to the eastbound highway, only that maintenance and repairs are now required on a much more frequent basis and that transportation officials had to install sensors to monitor the structural health of the bridge.
But the state’s response was enough for Stern to let the case proceed.
“Viewing the allegations in the light most favorable to the plaintiff, the damage to the eastbound Washington Bridge is an extraordinary example of physical wear and tear, and the State has sufficiently alleged harm to other property beyond mere loss of use,” Stern wrote in Monday’s ruling.
With the motions denied, the case now heads toward a trial estimated to last approximately six to eight weeks.
Both sides have until May 16, 2027, to complete discovery — the exchange of documents and expert testimony — under the court’s tentative schedule for the lawsuit. The trial itself is slated to start in November 2027— one year before the expected completion date of the new, westbound Washington Bridge.
Rhode Island Attorney General Peter Neronha said he’s ready for the long road ahead.
“Rhode Islanders deserve accountability in the Washington Bridge case, and we look forward to continuing our work on behalf of them,” he said in a statement Tuesday.
This story was originally published by the Rhode Island Current.
