PITTSBURGH — A Penn Hills couple hurt in the Fern Hollow Bridge collapse said this week they intend to sue PennDOT, the city of Pittsburgh and the Port Authority of Allegheny County for their injuries.
Tyrone and Velva Perry, both 69, were driving along Forbes Avenue when they were among 10 people injured when the bridge fell into a ravine in Frick Park on the morning of Jan. 28.
The incident left the Perrys with “traumatic” spinal fractures, a release from their lawyers says. Five other vehicles, including a Port Authority bus, were on the bridge when it came down.
“With no warning, the bridge collapsed, dropping the Perrys and the vehicle approximately 100 feet down into the hollow,” the release from their attorneys reads. “Other vehicles fell off the bridge immediately afterwards, narrowly missing the Perrys on the ground below. One of those vehicles was a very large commuter bus.”
The Perrys are both wearing body braces as a result of the injuries, which left them with “impaired movement and extreme pain,” plus medical expenses from their treatment, the statement says.
“Among other information developed since the crash, preliminary investigation has revealed that the bridge has been in poor condition for many years, this was known to the City and PennDOT, and that a weight limit was placed on the bridge because of its deteriorated condition,” the release reads. “The collapse was a complete failure of governmental responsibility for public safety and to the Perrys.”
Both a spokesperson from the city and a Port Authority representative declined to comment, citing pending litigation. A spokesman from the Pennsylvania Department of Transportation said the agency was not aware of the suit as of Friday morning.
In a news conference Friday afternoon, attorneys Paul Ellis and CJ Engel described the collapse as preventable and a culmination of decades of neglect as the bridge repeatedly received poor ratings in its inspections.
“This was not a random accident,” Mr. Ellis said. “This was a catastrophe, and it was foreseeable.”
Mr. Ellis said he intends to work with Mayor Ed Gainey and other officials to bring the case to an equitable conclusion. The attorneys gave no timetable on when they would file the suit, saying it would happen “within a reasonable amount of time.”
It also remained unclear what role Mr. Ellis and Mr. Engel believed Port Authority played in the incident. Mr. Ellis said the public transportation agency was named in their filing because they wanted to “protect” their clients and didn’t want to miss any deadlines due to a party that “may or may not be liable.”
In addition to hiring structural engineers to assist them, Mr. Engel said they intended on using the power of the court to determine what caused the bridge to collapse. They also said they have no intention of waiting for the results of the ongoing National Transportation Safety Bureau’s investigation into the cause of the collapse.
Erin Perry, Mr. and Mrs. Perry’s daughter, said her parents were thankful to still be alive. Doctors haven’t determined whether her father will need surgery on his back, and while their mobility is limited, they remain in high spirits.
“This is an experience that has changed all of our lives,” she said. “Not only as the family of the victims, but I’m sure everyone in Pittsburgh has been impacted by this.”
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