Rains Lucia Stern St. Phalle & Silver

California's premier full-service law firm with an emphasis on the representation of peace officers in disciplinary, criminal, labor, workers' compensation, personal injury and other civil matters.

  • About Us
  • Practice Areas
    • Labor Representation
    • Civil Litigation
    • Personal Injury
      • Example of Case Results
    • Workers’ Compensation
    • Maritime Law
    • Estate Planning
    • DOE Security Clearance Hearings
    • Peace Officers
    • Firefighters
    • EMS Agency Investigations
    • Criminal Defense
    • CalPERS Appeals
  • Our Team
  • Classes
  • Media
    • Bulletins
    • RLS in the News
  • Resources
    • Links
    • Resources
    • Newsletters
  • Clients
  • Career Opportunities
  • Contact Us
  • Disclaimer

Lawsuit filed over Berkeley balcony tragedy

November 13, 2015 by Hien Nguyen

From: RTÉ 
By 11/13/15

Survivors of the Berkeley balcony collapse and the parents of those who were killed have all begun legal proceedings against more than 30 companies involved with the California apartment complex.

They are seeking punitive damages from the building’s owners and from those who were involved in its construction and maintenance.

Two law firms acting for the seven young people injured, and the parents of the six who were killed, all filed documents to the Superior Court of California in Alameda County late yesterday.

They are claiming the companies “cut corners” and had ignored “red flag warnings” that the balcony was unsafe.

San Francisco law firmWalkup, Melodia, Kelly, & Schoenberger, is representing 12 of the families.

The California-based parents of Ashley Donohoe, who are represented by Rains Lucia Stern, said that their clients were suing the companies involved in the hope that it would “bring to light the negligence and carelessness that caused this entirely avoidable tragedy”, one that produced “so much pain and loss” both in the US and in Ireland.

In the legal papers filed, seen by RTÉ News, the families say they also want to “hold accountable” those responsible for the deaths and injuries, and to highlight their behaviour “so that a similar tragedy never occurs again”.

Initial investigations by City of Berkeley officials found that severe rot in the wooden joists holding the balcony deck to the building had caused it to give way on the night of 16 June.

Thirteen young people who were celebrating the 21st birthday of one of the injured, Aoife Beary, were standing on the balcony when it gave way.

Eimear Walsh, Olivia Burke, Ashley Donohoe, Eoghan Culligan, Lorcán Miller, and Niccolai Schuster all lost their lives when the fourth floor balcony collapsed beneath them.

In addition to Ms Beary, Hannah Waters, Clodagh Cogley, Sean Fahey, Conor Flynn, Jack Halpin and Niall Murray were all also injured.

They are described in the legal filings as “13 gifted, optimistic and high-achieving young people”.

The lawyers for the families say the wood rot was caused by a “multitude of mistakes during design and construction”, adding that when signs of a problem became evident “they were ignored”.

The Walkup, Melodia, Kelly, & Schoenberger law firm also described how previous tenants had reported “large mushrooms” growing on the surface of the balcony between 2008 and 2010, just shortly after the building was constructed.

The families are suing the owners of the Library Gardens complex, the Blackrock investment companies, the Greystar property management company which operated and maintained the building, the construction company Segue Construction Inc and a number of subcontractors and other entities.

The facts of the case will be decided under California law.

Families seek damages for ‘wrongful deaths’ of their children

In accordance with that law, the families and survivors are not seeking any set amount of damages, but rather that figure will be determined by a jury.

The legal actions will proceed as separate cases but the paperwork is almost identical, with one set for those seeking damages for their injuries, and the other set seeking “punitive damages” for the “wrongful deaths” of their children.

In the papers, the families argue that the “losses and harms” caused would never happened if the defendants had “acted reasonably and prudently, complied with the standard of care in their professions, not cut corners and heeded one or more of the numerous “red flag” warnings that the balcony was unsafe in its design, construction, maintenance and foreseeable use”.

The papers set out the scene of the tragedy, describing the young people as a “group of well-educated, hard-working, healthy and happy young men and women gathered to mark their friendship and celebrate the 21st birthday of plaintiff Aoife Beary”.

They say that they had no “reason to know or suspect that a catastrophe was imminent”, as they did not know that water-induced wood rot had destroyed the balcony joists.

The legal papers describe what happened next: “Suddenly and without warning, the balcony broke loose from the building, tumbled down and struck the third floor balcony directly below it.

“The mechanics of the failure hurled the 13 students onto the cement footpath and asphalt pavement 40 feet below.

“The unimaginable terror that each victim experienced during the fall was eclipsed by the carnage on the ground.

“Six students died, and the seven survivors suffered substantial and lifelong physical and emotional injuries,” the legal papers added.

Filed Under: RLS In The News Tagged With: eustace-de-saint-phalle, joseph-r-lucia

Consultation Form

Offices across California to serve you.
Contact us now to schedule a consultation.
Contact form not loading? Click here!
Rains Lucia Stern St. Phalle & Silver, PC publishes this website as a service to our clients and other friends for informational purposes only. It is not intended to be used as a substitute for specific legal advice or opinions, and the transmission of information through this website is not intended to create an attorney-client relationship between sender and receiver. Internet subscribers and online readers should not act upon this information without seeking professional counsel.

© 2023 Rains Lucia Stern St. Phalle & Silver, PC. All Rights Reserved. | Disclaimer

We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking “Accept”, you consent to the use of ALL the cookies.
Do not sell my personal information.
Cookie settingsACCEPTREJECT
Privacy & Cookies Policy

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may have an effect on your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Non-necessary
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.
SAVE & ACCEPT
  • Contact Us

  • News Alerts

Official logo for Rains Lucia Stern St. Phalle & Silver
Rains Lucia Stern St. Phalle & Silver Logo
  • About Us
  • Practice Areas
    ▼
    • Labor Representation
    • Civil Litigation
    • Personal Injury
      ▼
      • Example of Case Results
    • Workers’ Compensation
    • Maritime Law
    • Estate Planning
    • DOE Security Clearance Hearings
    • Peace Officers
    • Firefighters
    • EMS Agency Investigations
    • Criminal Defense
    • CalPERS Appeals
  • Our Team
  • Classes
  • Media
    ▼
    • Bulletins
    • RLS in the News
  • Resources
    ▼
    • Links
    • Resources
    • Newsletters
  • Clients
  • Career Opportunities
  • Contact Us
  • Disclaimer
Hotline phone numbers. Northern California: 925-609-1699. Southern California: 310-393-1486.