$227 Million Record Settlement
In 2013 Fatal Philadelphia
Salvation Army Thrift Store Collapse Trial
Philadelphia, PA (February 8, 2017) - $227 million in damages
will be paid to the 19 plaintiffs - including the loved ones of the
seven that died in the June 5, 2013 Salvation Army Family Thrift
Store collapse - following what is believed to be the largest
personal injury settlement in Pennsylvania history. The settlement
was announced today, according to trial attorneys Robert J.
Mongeluzzi, Steven G. Wigrizer, Harry M. Roth, Jeffrey P. Goodman,
Adam E. Grutzmacher, Jason S. Weiss, and James G. Begley. They
collectively represented the seven who died, and half of those who
were injured and survived when a four-story building being
demolished collapsed onto the adjacent Salvation Army Thrift Store
at 22nd & Market Streets. The Salvation Army, New
York-based developer Richard Basciano, Plato Marinakos, his local
owner's representative, and others were among the defendants in the
case.
Testimony in the case established that Basciano's company, STB,
had sent five emails - in the weeks before the catastrophe - to the
Salvation Army warning of a 'threat to life and limb" and the
potential of an 'uncontrolled collapse".
Mr. Mongeluzzi and Mr. Goodman (Saltz, Mongeluzzi, Barrett &
Bendesky), Mr. Wigrizer (Wapner, Newman, Wigrizer, Brecher &
Miller), Mr. Roth (Cohen, Placitella & Roth), and
Mr. Grutzmacher (Clearfield & Kofsky), commended the Hon.
Teresa M. Sarmina, who presided over what is believed to be the
longest civil trial (nearly six months) in Philadelphia history,
along with the 12-person jury and four alternate jurors.
Mr. Mongeluzzi and his firm filed the first legal action
in the case, the day after the catastrophe, and represented three
of those that died (Anne Bryan, 24, Juanita Harmon, 75, and Danny
Johnson, 59) and six survivors. He called the settlement, believed
to be the largest of its kind in Pennsylvania history, "epic in
dimension, fair, just, and, most importantly, a powerful deterrent
to all those in any business or organization, at any level, whether
they wear a suit or a uniform, who try to cut corners, save a buck,
shove safety aside and put human life at risk."
Mr. Wigrizer, whose firm represented Mary Simpson, 24, and
Roseline Conteh, 52, said, "No amount of money can erase the
heartache that comes with the loss of life, but at least this
settlement avoids what would certainly have been a future - perhaps
years - filled with added pain through the inevitable and seemingly
endless appeals process." Mr. Weiss, of Wapner Newman, also
represented the firm's clients.
Mr. Goodman added, "This settlement sends a message to the
Salvation Army and all other business owners that the safety of
customers and employees must always come first, and that safety
risks can never be ignored." The SMBB legal team also included
Andrew R. Duffy and Larry Bendesky.
Nancy Winkler and Jay Bryan, the parents of Anne Bryan, stated
after the announcement, "We will never get over Anne's tragic
death. This trial, for the first time, shed light on the full story
of how and why the collapse - which was so preventable - occurred.
We will forever miss Anne, but we will also be eternally grateful
for the work of the jury. They sent a strong message that
owners have an absolute duty to protect public safety above
all."
Mr. Roth, counsel for the estate of Borbor Davis, 68, added,
"The jury was committed to its work in this case and clearly
understood after assessing all of the evidence that this was a
preventable tragedy; they recognized the utter failures of those
who had the best opportunity to prevent the loss of life and
limb. The Davis family is grateful for the jury's remarkable
service and is pleased by the message their verdict sends to the
defendants, and to others engaged in construction and demolition in
the city that safety comes first." Mr. Begley, of Cohen, Placitella
& Roth, also represented Mr. Davis.
Mr. Grutzmacher, counsel for the estate of Kimberly Finnegan,
remarked that, "June 5, 2013, was Kimberly's first day on the job
and, tragically, her last. It is now abundantly clear that her
death and that of the others was foreseeable and preventable."
The settlement proceeds will be allocated to the plaintiffs
through an arbitration process, similar to the one used in the
cases of the: fatal Pier 34 collapse, fatal Tropicana parking
garage collapse and the fatal duck boat disaster.