Philly Developer’s Co. Must Pay $68.5M Over Worker’s Death
The jury’s verdict, in favor of the estate of Siarhei Marhounou, came after four days of trial in the Philadelphia Court of Common Pleas.
Law360 (July 1, 2024) — The family of a man who died after falling 50 feet from a scaffolding while installing siding on a luxury townhome has been awarded $68.5 million by a Philadelphia jury, sticking prominent city developer Ori Feibush’s construction company with a hefty tab.
The jury’s verdict in favor of the estate of Siarhei Marhounou, docketed Friday, came after four days of trial before Philadelphia Court of Common Pleas Judge Angelo Foglietta. According to the estate’s attorney, the jury found defendants OCF Construction LLC 50% liable; Fitler Construction Group LLC, which settled before trial, 20% liable; 2330 Sansom Street LLC, which settled before trial, 20% liable; subcontractor HCS Construction, which also settled before trial, 9% liable; and subcontractor Hammers Contractors Inc. 1% liable.
Marhounou’s widow, Hanna Marhunova, sued the defendants, claiming that OCF, as the general contractor, was primarily responsible for safeguarding workers at the job site but failed to do so.
“Worker safety can never come second to profits. The evidence in this case showed OCF cut corners on this project at every turn, and it had tragic consequences,” Marhunova’s attorney Jeffrey Goodman said. “Management of this construction project was a labyrinth of corporate structure designed to protect the developers. Instead, construction projects should be set up to protect workers. The jury saw through OCF’s shell games.”
An attorney for OCF did not immediately respond to a request for comment, nor did an attorney for Hammers.
The accident occurred on Dec. 15, 2021, when Marhounou was putting in siding on a fifth-floor balcony on a row of buildings at the intersection of 24th and Sansom streets in Philadelphia, according to the plaintiff’s pretrial memorandum.
Marhounou lost his footing and fell through what the plaintiffs called a “dangerous and OSHA-violative guardrail” at the edge of the balcony, plummeting to his death, according to the memorandum.
The plaintiff claimed that when Feibush went out to inspect the project, he was obligated to point out any OSHA violations, such as the allegedly flimsy guardrail, and order that they be fixed.
“He failed on both fronts, and the jury will understand that for Feibush, speed and money were more important than safety,” the memorandum said.
OCF claimed in its pretrial memorandum that it was not the general contractor of the project.
“Mr. Feibush on behalf of 2330 Sansom entered into a subsequent oral agreement with Fitler Construction … to act as the general contractor for the project. It is undisputed that Fitler Construction was the general contractor for the project at all times. It is undisputed that OCF Construction at no time provided construction management of general contracting services for the project,” the defense pretrial memorandum said.
The estate is represented by Jeffrey P. Goodman and Aidan B. Carickhoff of Saltz Mongeluzzi Bendesky PC.
OCF is represented by Elizabeth Horneff of Margolis Edelstein.
Hammers is represented by Peter Kulp of O’Hagan Meyer.
The case is Marhunova v. Filter Construction Group LLC et al., case number 220501520, in the Philadelphia County Court of Common Pleas.