Massachusetts weighs criminal charges in Big Dig collapse

Such a move would set a new legal precedent and might encourage other prosecutors to bring similar charges in structural failures.

from the July 27, 2007 edition

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The most comparable case that did result in charges of criminal negligence was an infamous Boston fire at the Coconut Grove nightclub in 1942, says Arthur Leavens, a professor at the Western New England College School of Law in Springfield, Mass. Occupancy limits had been ignored. When the fire broke out, the doors were locked, resulting in 492 fatalities and an eight-year sentence for the nightclub owner.

But locking people into a nightclub shows more obvious disregard for human safety than the actions that led up to the tunnel collapse, Harrington says.

Even if contractors are convicted in the Big Dig case, it is unlikely that any contractors will see jail time, legal experts say. Fines are far more likely.

Despite all the attention focused on the case, it is impossible to predict what the newly elected attorney general will decide, Mr. Leavens says. Coakley has twice delayed announcing whether charges will be pressed. She has a reputation for being cautious and prudent, Leavens adds.

Contractors and engineers are paying close attention.

"Obviously, we're watching for the [attorney general's] announcement carefully," says Mary Gately of the General Contractors of Massachusetts.

"Any threat of litigation can worry engineers who are constantly working on projects all over the country and abroad," says Arthur Schwartz deputy executive director of the National Society of Professional Engineers. But barring evidence of criminal intent, he is skeptical that charges will be pressed, given the lack of precedent in Massachusetts and across the US.

US Sens. Edward Kennedy and John Kerry and US Rep. Michael Capuano, all Massachusetts Democrats, are pushing for a national tunnel-inspection program similar to the one that exists for bridges, a move recommended by the NTSB.

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