The manufacturer of the crane that collapsed and killed five people two years ago in Kelowna, is being sued for allegedly selling a defective product.
In a lawsuit filed just a day ahead of the two-year anniversary of the deadly crane collapse, Stemmer Construction alleges Liebherr-Canada companies were responsible for the accident because either its tower crane or the related manuals contained “a dangerous defect, which led to the accident.”
“The accident was in whole or in part by the negligence of the defendants, the particulars of which are yet to be known, pending the results of investigations by both WorkSafe BC and RCMP,” reads the notice of claim.
“The Liebherr Companies were responsible for the design, manufacture, marketing, and distribution of the Tower Crane and its components, including the operators’ manuals … As a result of the negligence and breach of duty of the Liebherr Companies, the Tower Crane and/or the manuals contained a dangerous defect, which led to the accident.”
Stemmer Construction claims in the legal document that the defect was known to the Ontario-based manufacturer before the accident and they were not made aware of the problem.
Awareness of the defect “would have allowed the accident to be avoided,” reads the court document.
“The Liebherr Companies failed to warn users of the Tower Crane, including Stemmer Construction, of the Defect, which would have allowed the Accident to be avoided,” the court documents said.
July 12 marks the two-year anniversary of the fatal crane collapse at the Mission Group’s Brooklyn Tower Project on St. Paul Street. Crane workers Cailen Vilness, Jared Zook, and Patrick and Eric Stemmer were killed, as was Brad Zawislak, who was working in the building next door. Since then, eight lawsuits have been launched against Stemmer Construction and developer the Mission Group.
The widow of Zawislak fiked a suit earlier in the month, claiming his death deprived her of “his love, guidance, care, services, training and financial support.”
Another suit was filed against Stemmer and Liebherr Companies this week from Zawislak’s coworker, Shelby Austin Miller, who witnessed the death and narrowly escaped fatal injury himself.
Miller was sitting a short distance away from Zawislak when the roof came down, and he was showered with debris that caused lacerations and bruising.
“(He) was left in a state of severe shock as a result of witnessing his coworker crushed by the collapsing crane and nearly being hit himself,” reads the notice of civil claim. “(He) escaped the office building with the aid of another coworker.”
Like others in similar suits, Miller claims psychiatric and fiscal losses as a result of the crash and is seeking financial compensation to help navigate the days and years ahead.
On Wednesday morning, plans for a permanent memorial were unveiled at Knowles Memorial Park, three blocks east of the tragic incident along the 1400 block of St. Paul Street on July 12, 2021.
Fundraising, with a goal of $300,000, is underway for the design, construction and maintenance of the memorial.
“The Rise Memorial will immortalize the memories of the five men lost and evolve over time as a key anchor point in the downtown Kelowna landscape, giving everyone a space to grieve, remember, reminisce, and be truly present in the power of community,” reads a fundraiser being hosted by United Way of British Columbia.