Couple injured in Fern Hollow Bridge collapse to sue Pittsburgh, Port Authority, PennDOT
A Penn Hills couple injured when Pittsburgh’s Fern Hollow Bridge collapsed last month will sue Port Authority of Allegheny County, PennDOT and the city of Pittsburgh, attorneys said Friday.
Tyrone Perry was driving with his wife, Velva, across the bridge over Frick Park when it collapsed around 6:40 a.m. Jan. 28. The Perry’s red Ford pickup, along with four other vehicles and a Port Authority bus, fell more than 100 feet into the ravine below.
“This was not a random accident,” said Paul Ellis, one of the attorneys representing the Perrys. “This was a catastrophe. It was foreseeable – the culmination of more than a decade of neglect. What happened to the victims in this cause could have easily been anticipated and should have been easily anticipated and, more importantly, prevented.”
At least eight others were injured in the collapse.
A lawsuit had not been filed as of Friday, and Ellis did not have a time frame for when the complaint might be filed. In addition to Ellis of Ellis & Associated, the couple is represented by CJ Engel and Alan Perer of Swensen & Perer.
Attorneys said they hope to use the courts to help determine the cause of the collapse and they need not wait for the National Transportation Safety Board to file its final report before filing an official complaint in court.
The notice of intent is just the first step in the process.
“We’ve asked all three entities that we’ve filed a notice against to preserve evidence,” Ellis said. “We’re going to take steps to make sure they do. This is a fluid process.”
Attorneys said that while the notices are meant to inform the parties named of the “serious harm that was suffered,” the Perrys also want the agencies responsible for maintaining public bridges and highways to “act now and with vigor to prevent this kind of disaster from happening again.”
Ellis said it would be premature to comment on why Port Authority is named alongside the city and PennDOT, saying only that “they played a role” and “they’re relevant.”
Spokespeople for PennDOT and Port Authority both declined to comment, citing pending litigation. A city spokesperson could not immediately be reached.
Attorneys claim the city and PennDOT knew for years that the bridge was in poor condition. Attorneys called the collapse “a complete failure of governmental responsibility for public safety and to the Perrys.”
“It’s a miracle that no one was killed,” Ellis said, “but they’ll never be the same again – at least not 100%.”
Erin Perry said her mother and father, both 69, remain in high spirits despite both having spinal fractures. Her mother suffered two fractures, and she said it remains to be seen whether her father will need surgery.
The Perrys were helped from their truck by other victims and first responders and ultimately ferried to an ambulance that took them to UPMC Presbyterian.
Perry said the trauma of the incident lingers on.
”This is an experience that has changed all of our lives. Not only as the family of the victims, but I’m sure everyone in Pittsburgh has been impacted by this,” Perry said.
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