Turnpike wants Documents Sealed in Wrongful Death Lawsuit

Christina Cole

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The Massachusetts Turnpike Authority, citing concern for the public's safety, has asked a state judge to seal documents in the wrongful death suit filed by the family of a Jamaica Plain woman that was killed in July when the Interstate 90 connector tunnel ceiling collapsed.

Lawyers for the Turnpike Authority argue the Homeland Security Act allows the agency to withhold certain formation that could potentially threaten transportation safety. With over 3,000 boxes of paperwork, it would be near impossible for the authority to determine which documents could be a security risk.

The authority is requesting all records remain confidential. This move is being opposed by the victim's family whom is suing the agency and several Big Dig Contractors.

The Attorney General's office is trying to keep documents private. It filed emergency motions in Suffolk Superior Court this week seeking to postpone the disclosure of documents and other evidence to lawyers for the Del Valle family for six months, while a grand jury continues an investigation into whether the death warrants manslaughter charges.

While the state's public records law calls for the release of most government documents, statutes have been amended since the terrorist attacks of Sept. 11, 2001, to exempt records such as blueprints, schematic drawings, and other plans that could expose security weaknesses or divulge emergency-preparedness measures.

Under the Homeland Security Act of 2002, the Turnpike Authority can withhold certain "security sensitive information," as previously approved by the Federal Highway Administration, said the lawyer handling the case for Del Valle's estate. However, it is the authority's responsibility to review documents and to determine whether to seek confidentiality protection for additional documents, rather than throwing "a blanket of confidentiality over all its public documents," said Henry.