Pennsylvania’s Largest Personal Injury Settlement Highlights Construction Dangers

Personal injuries caused by the negligence of others are always a source of controversy and concern, but a recent civil trial in Pennsylvania drew extraordinary attention to the legal aspects of personal injury lawsuits. The 17 week trial finally concluded at the beginning of February and resulted in an astonishing $227 million settlement that will be distributed among the survivors and families of the deceased. Here is exactly what happened to generate what has been named the largest personal injury settlement in Pennsylvania state court history.

The Building Collapse

In June 2013, a building in Center City Philadelphia was undergoing demolition by Griffin Campbell Construction, but something catastrophic went wrong that caused the building to completely collapse into the Salvation Army Thrift Store next door. Since this occurred during business hours, the store was not only open with employees but also filled with shoppers. A total of six people died, one was critically injured, and 13 others sustained minor injuries. Those killed included an art student at the Pennsylvania Academy of the Fine Arts, a nurse, two Salvation Army workers, an audio engineer, and a retired secretary. Investigations launched the next month to determine the cause of the preventable tragedy.

The Case and Settlement

Given that the building was owned by, demolished by, and inspected by different parties, the legal elements of finding and assigning blame for this personal injury lawsuit became very complicated. Richard Basciano owned the building through STB Investments development corporation. He had property managers, architects, and many other employees all responsible for handling the demolition of this Center City building.

Email investigations revealed that STB and the Salvation Army had been experiencing disputes because STB wanted to access Salvation Army to ensure demolition operations safety, but Salvation Army failed to accommodate the development corporation. One STB employee even emailed the Deputy Mayor of Philadelphia to warm him that the site was “a situation that poses a threat to life and limb…this nonsense must end before someone is seriously injured or worse.” Despite all of this, the demolition ultimately continued.

By the end of the personal injury trial, the jury determined that the Salvation Army was 75 percent responsible for the terrible accident that killed six people in its store, while STB held 18 percent responsibility. Of the $227 million settlement, the majority must be provided from the Salvation Army. Victim Mariya Plekan, a woman in her 50s who was trapped under rubble for 13 hours, is expected to receive the most compensation. She not only suffered amputation of her entire lower body, but has since undergone 30 surgeries and requires 24/7 nursing care estimated at a lifetime cost of $50 million.