Washington Bridge Closure Crisis

Bridge counselors coyly answer questions about their investigation

Lead lawyers Wistow, Savage say they do so as they build their case

By Mike Rego
Posted 7/10/24

PROVIDENCE — It's likely the general public will not get all of the information it would expect and want to know about the Washington Bridge debacle any time soon.

At least that's how the …

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Washington Bridge Closure Crisis

Bridge counselors coyly answer questions about their investigation

Lead lawyers Wistow, Savage say they do so as they build their case

Posted

PROVIDENCE — It's likely the general public will not get all of the information it would expect and want to know about the Washington Bridge debacle any time soon.

At least that's how the lead litigators hired by the governor to review the matter posited the situation during a 45-minute, on-the-record discussion with media Wednesday morning, July 10.

Attorneys Jonathan Savage and Max Wistow briefed the press on what they and their associates have gleaned since early April when Gov. Dan McKee chose them to investigate what led up to the closure of the westbound side of the bridge in December of last year.

Wistow, principal of Wistow, Sheehan & Loveley, led much of the discussion, answering most every question posed to him, but admittedly doing so somewhat coyly because of the sensitive point of their efforts.

He said candidly, "I'm sort of going to be cagey with my answers," adding, "I'm not going to reveal details...My exclusive purpose is to maximize the recovery for the state."

Wistow explained he and Savage are attempting to decipher who and/or what entity may be "legally culpable" for the current situation with the bridge, which was already well into the process of being repaired when McKee took the decision to close it seven months ago.

Wistow added the three months they've been at it may seem like a long time, but the case is much more complicated than any standard liability suit.

"This is not a slip and fall at Stop & Shop. This is not a 'fender bender,'" Wistow explained. "This is an extremely complicated, very paper-intensive case."

Referencing two high profile investigations where he enjoyed great success in recovering funds, Wistow said 38 Studios and the St. Joseph's pension fund matters "took many, many months after we were retained before we felt comfortable bringing those cases."

In his "best judgement," Wistow said by early August the lawyers might be in a position to potentially submit some preliminary filings, though they maintain the prerogative to give themselves a bit of "wiggle room."

To date, their investigation has reviewed well over 100,000 pages of documents, involving what Wistow said are "very complicated technical and engineering issues."

"We're trying our best to come to a conclusion as quickly as possible," Wistow continued,

Wistow defended McKee against criticism the governor has received from the media and general public. One recent poll pegged McKee's approval rating for his handling of the bridge crisis at a paltry 29 percent.

Wistow, who said he respects McKee "greatly," said any misfeasance occurred well before the governor took office and that he is taking some unfair hits from for not making some documents more readily available.

As McKee himself said the day before at a similar briefing, the governor was doing so because of there being an active investigation.

Wistow said he understands the necessity and the right of residents to know what may have gone wrong and to hold anyone responsible accountable — whether they be in the private or public (i.e. the Rhode Island Department of Transportation) sectors — but as lawyers their aims at the moment are to "bring as advantageous a case as we possibly can."

To the extent the attorneys can share information with the public, they will, he continued, however they "will not do anything to compromise the case."

"We're not trying to delay anything," Wistow continued. "We're trying to know what we're doing."

The rapid manner by which the governor chose to take the decision to close the bridge after tens of millions of dollars had been spent already on its rehabilitation and with the assumption the work had been properly examined has left many wondering exactly took place in recent years.

Wistow said the attorneys have sought the expertise of those in the field to understand if anyone has performed below standard and what the repercussions of failing to adhere to those standards could have been.

"We're looking to see if someone messed up and what is the consequence of them messing up, and that's a complex issue," Wistow said.

Offering a rare interjection Savage, a partner at Savage Law Partners, LLP, added, "We're not looking to filter the information...We're not ignoring any pieces of the facts."

Again, Wistow reiterated, "Our sole responsibility is to recover as much money as we possibly can."

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