Attorneys File Emergency Motion on Behalf of Missing Victims in Surfside Condo Collapse

Morgan & Morgan and Saltz Mongeluzzi & Bendesky announced in a press conference Wednesday they filed an emergency motion in Miami-Dade courts for site inspection and evidence preservation on behalf of Harry Rosenberg, a resident who is still missing from last week’s deadly condo collapse.

These two firms have led, co-led, and litigated cases like the FIU bridge collapse in 2018, the Market Street Building and Pier 34 collapses in Philadelphia, the Hard Rock Hotel collapse in New Orleans in 2019, and the 2003 Tropicana parking garage collapse in Atlantic City.

“The key to building collapse cases is physical evidence at the scene,” attorney Robert Mongeluzzi said. “The families haven’t had a voice or set of eyes there at all.”

Mongeluzzi says the motion, which he hopes is heard in court on Thursday, is asking the court to allow representatives of the impacted families at the site to observe what’s going on at the scene so families have a better idea of what’s going on.

They deserve a role and a voice in this process.

However, Mongeluzzi assured this motion doesn’t interfere with search and rescue operations or investigating agencies on scene.

Mongeluzzi added Rosenberg’s family doesn’t want this to be about a lawsuit, but they want to file this on behalf of all the families impacted so they can know what happened to their loved ones.

Despite FAA regulations, they want a drone on the site as soon as possible so loved ones can have all the information on what was found at the scene, where it was located, where it was taken, etc.

“We’ve seen these disasters before and we understand the ramifications if the appropriate steps aren’t taken,” fellow attorney Rene Rocha said. “It’s important for the families to have their own voice there and their own representatives.”

Rescue teams recovered four more bodies at the site of the condo collapse on Wednesday, pushing the death toll to 16.

Twelve victims have been identified, including 92-year-old Hilda Noriega, the mother of the North Bay Police Chief Carlos Noriega.

As of Wednesday, 147 people remain unaccounted for.

Mongeluzzi believes that “this was a structural failure” and that the evidence to what contributed to the building’s collapse is still there.

These families deserve answers and those answers lie in the evidence.

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