A judge refused yesterday to dismiss the manslaughter charge against a New York epoxy company that allegedly played a role in the fatal Big Dig tunnel ceiling collapse last year.
Suffolk Superior Court Judge Patrick F. Brady rejected arguments by Powers Fasteners Inc. that the attorney general's office should not be able to prosecute the case because it has filed a civil lawsuit against Powers and other companies seeking millions of dollars in damages.
The attorney general's office is "authorized to conduct the civil and criminal cases at the same time," Brady said in his eight-page ruling. "Powers has not shown there is any conflict or other reason to disqualify the office."
Powers - based in Brewster, N.Y. - is the only company facing criminal charges in the July 10, 2006, ceiling collapse that killed 38-year-old Milena Del Valle of Jamaica Plain.
Attorney General Martha Coakley applauded the decision, saying it accurately reflected state law, but Max Stern, a lawyer representing Powers, said he thought it was "wrongly decided."
"We're quite sure that when all these facts come out at trial, that Powers will be completely vindicated," he said. He said the company "shouldn't have to be put to this test and dragged through the mud."
Del Valle was killed when the concrete ceiling in the Interstate 90 connector tunnel fell and crushed the car in which she was riding. Federal investigators found that workers had used the wrong epoxy when securing the ceiling.
Powers, which was indicted in August, is accused of failing to adequately warn construction contractors of the dangers of using a fast-drying glue to secure ceiling bolts.
