Family Blames Big Dig Railings for Man's Death

BOSTON -- A Massachusetts man's death is being blamed on a railing that has been eyed in several other deaths in the Big Dig tunnels. "All of our past and all of our future was wrapped up in each other. This has completely crushed our entire family," Donna Hicks said. Brian Hicks was 39 when he died. His pickup crashed as he entered the on ramp to Storrow Drive. "No other family should have to go through what we are going through," Donna Hicks said. The family's lawsuit against the builders and designers of the Big Dig tunnels blames the hand rails that have been cited as factors in seven other deaths. "We are seeking accountability. We are seeking justice and the removal or covering of all those railings," attorney Barry Feinstein said. State police said Brian Hicks was driving too fast when he came through the Sumner Tunnel. He hit one side of the tunnel and then the other and was ejected, but his family said he could have survived if not for the tunnel's railings. "It's difficult to understand why we had to get to eight. Wasn't two or three or another number enough to take action to take care of the problem?" Donna Hicks said. "My husband was a wonderful man, a great brother and son and a great husband. He was an incredible man." Read more: www.thebostonchannel.com...

Okay, so obviously this family lost someone who meant a lot to them, but is it necessary to sue the builders and developers when it was solely the fault of the driver?

What isn't mentioned in this particular article (but is mentioned in the comments section from people referencing older reports of this incident) is the fact that the driver, Brian Hicks, was driving almost 100mph and wasn't wearing a seat belt.

So is this lawsuit justifiable? No. I really don't think it is.

They are blaming the railings that Brian's body hit after he was ejected from his truck, saying that the railings killed him. Now, if the railings weren't there... then the concrete wall would have killed him... and if the concrete wall wasn't there then the asphalt of the street would have killed him. The railings had NOTHING to do with the incident.
The accident occurred because the driver was speeding, and he died because he wasn't wearing a seat belt and was ejected from the car. The presence of the railings had nothing to do with the accident.


Do you think this is a justifiable lawsuit? Or just a rash decision by a grieving family looking to make some money?

Originally posted by xFloggingMaryx
Or just a rash decision by a grieving family looking to make some money?

Exactly. That's all this is. Looking for a quick buck, but I really think they haven't got a leg to stand on at all. It will be dismissed.

I worked on the big dig when I was 18, god that was the biggest embezzlement scheme for the unions. I remember when the contractor I worked for had some foreman's caught charging a parking lot owner to pay them money so they didn't close his lots.

So the railings had been cited in 7 other deaths. Should that not have been corrected. Is it not negligence to be aware of something that could cause injury and not do something. The first time - yikes we should look into this the second time - really could be a problem -- the seventh time - you arent doing your job and you deserve have your ass handed to you in a lawsuit.

The driver should share in the blame for being stupid but perhaps a suit will get the city to finally look at the problem. Thats what punitive damages do.

reply to post by hhcore


Hopefully it will be dismissed.

It just bugs me to no end when people begin pointless and greedy lawsuits looking to make a quick buck. I mean, I get that the family is grieving... but the guy is dead because he made a few stupid decisions (like speeding and not wearing a seat belt)... not because he's an innocent who happened to get killed by a vicious railing.

I mean which thing was going 100mph? The car... or the railing?

Any accident within the Big Dig Tunnel is ripe for lawsuits now... solely because other incidents (that are actually the fault of the builders and developers) have been successfully resolved in the courts. The most horrible of which was when a gigantic block of concrete (a few tons in weight) fell from the ceiling of the tunnel and landed directly on a car killing the people inside. Now that is an accident where it makes sense to sue.

Originally posted by spyder550
So the railings had been cited in 7 other deaths. Should that not have been corrected. Is it not negligence to be aware of something that could cause injury and not do something. The first time - yikes we should look into this the second time - really could be a problem -- the seventh time - you arent doing your job and you deserve have your ass handed to you in a lawsuit.

The driver should share in the blame for being stupid but perhaps a suit will get the city to finally look at the problem. Thats what punitive damages do.

edit on 11-5-2011 by spyder550 because: (no reason given)

They were very vague about the role of these railings in the accidents. I personally don't see how a stationary railing can cause accidents. After all, if these railings had been removed previous to this accident... the man would still be dead. He was going 100mph and was expelled from the car because of the speed at which he crashed into the sides of the tunnel.

When I'm in a state that doesn't have helmet laws, I ride my Harley without one. That is MY choice. Should I be killed while riding, it's tough sh*t for me. I would certainly hope my family wouldn't try to sue someone else but you can't control what others will do.

Driving at speeds of 100mph without a seatbelt is a recipe for disaster should an accident occur. Trying to sue someone after an accident where the aforementioned took place is ambulance chasing at its finest.

the claim is utter twaddle - it is simply impractical to make all roadways resistant to a vehicle leaving a ane @ 100 mph

The Big Dig tunnel people are clearly at fault. They should have an army of specially trained monkeys with nice plump pillows, who will leap like soccer goalies in front of motorists. No monkeys were mentioned in the news report, clearly at fault.

Originally posted by mithrawept
The Big Dig tunnel people are clearly at fault. They should have an army of specially trained monkeys with nice plump pillows, who will leap like soccer goalies in front of motorists. No monkeys were mentioned in the news report, clearly at fault.

Hahah! Now that is quite a mental image.