Fern Hollow Bridge victims end records spat as deadline to sue looms

Months after attorneys asked the City of Pittsburgh to turn over voluminous records related to the Fern Hollow Bridge collapse, they withdrew their request Wednesday, saying they’d received the documents from other sources.

The fight for the records — bridge inspection reports and communications among engineers with the city, the Pennsylvania Department of Transportation and private companies — ended just days before the deadline for those injured in the Jan. 28, 2022, to sue.

Under Pennsylvania’s statute of limitations, plaintiffs have two years from the date of an incident to file claims. In the Fern Hollow Bridge case, attorneys said that they needed access to the reports to know who their clients should target in litigation.

Lawyers for the City of Pittsburgh and the engineering firms that worked for them have balked, claiming that a pending federal National Transportation Safety Board investigation prohibits them from turning over the records.

But early this month, as part of its ongoing investigation, the NTSB released thousands of pages it had obtained in the case — many of them the ones the plaintiffs wanted.

During a brief hearing on the issue late Wednesday, attorney Peter Giglione said his clients were withdrawing their request.

“We believe we now have the information to proceed,” he said.

The 447-foot bridge that spanned a gorge in Pittsburgh’s Frick Park collapsed before dawn, plunging several vehicles and a bus into the ravine below.

The plaintiffs include Giglione’s clients, Pittsburgh Regional Transit driver Daryl Luciani and his wife, Karen, as well as dentist Clinton Runco and his wife Irene; Velva and Tyrone Perry; Matthew Evans; Joseph Engelmeier; and Thomas and Sara Bench.

Under state law, the City of Pittsburgh is capped at paying $500,000 in total damages, which is why the plaintiffs have been working to identify the engineering firms involved in the inspections, maintenance and repairs of the bridge.

In November, Allegheny County Common Pleas Judge Philip A. Ignelzi held a hearing on the matter. and said that the city and engineering firms were required to turn over the documents for him to review privately.

Two of the firms, Gannett Fleming and Michael Baker Corporation did so, but CDM Smith refused. The company argued that since it is not a party to the case, it shouldn’t have to comply with the subpoena.

Ignelzi disagreed and ordered the company to turn them over last week.

But with the plaintiffs withdrawing their request on Wednesday, the issue now is moot.

Among the documents recently released by the NTSB was a transcript of an August 2022 interview with CDM Smith bridge inspection project manager Tim Pintar.

In that interview, Pintar expressed frustration with the city for failing to complete high-priority repairs on the bridge.

The NTSB is expected to release its full investigative findings next month.