A trial alleging gross negligence in a deadly crane collapse in Dallas nearly four years ago began Wednesday afternoon.
On June 9, 2019, a crane collapsed during a summer storm and sliced into Elan City Lights, a five-story downtown Dallas apartment building. The collapse killed one person, injured five others and left 500 residents looking for a new place to live.
The lawsuit headed to court Wednesday was filed in July 2022 and names over 20 plaintiffs, all residents of Greystar's five-story Elan City Lights apartment complex. However, this current trial focuses on 29-year-old Kiersten Smith, who was killed when the crane smashed into her apartment.
Opening arguments were expected to begin at about 1:30 p.m. but were delayed by an hour due to a lengthy meeting between lawyers and Judge Melissa Bellan on what specific evidence and documents were allowed in court.
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The lawsuit alleges gross negligence on the part of the crane company, Bigge Crane and Rigging, and Greystar, the company that rented the crane to build new apartments next door to the Elan City Lights. The lawsuit demands punitive damages of at least $1 million.
During opening statements on Wednesday, lawyers representing her family spoke about Smith's excitement to get married and how she had shown her mother the wedding dress just hours before she died. She was in her apartment making food with her fiancé when the crane crashed through the home. Her fiancé survived and was able to find her in the rubble. CPR was performed but she was pronounced dead at a hospital.
At the time of the collapse, wind gusts up to 71 mph shattered windows of high-rise buildings and tore trees apart in the area. The crane operator released a statement a month after the crash saying the cause of the collapse was high winds and not operator failure, but another nearby crane wasn't affected by the wind storm that the company blames for the damage.
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Lawyer's representing Smith's family told jurors that Bigge and Greystar missed a yearly inspection of the crane, which could've had loose bolts that weren't addressed and other potential issues. They also showed the jury tower crane operational documents, showing the crane had the ability to be prepared for bad weather and high winds and that the companies did not follow weather protocol for the crane prior to collapse.
During opening statements, Bigge's lawyers told jurors that contracts show Greystar was in fact responsible for required inspections and that Bigge was just renting out the crane. The company's lawyers said that according to a contract entered into with Greystar, Bigge was only responsible for erecting the crane and providing a one-time, third-party inspection of the crane at the beginning of the rental, which took place in April 2018 -- 14 months before the collapse. They claim the company was not responsible for operating the crane or supervising the operator.
Lawyers said the inspection showed the crane was properly constructed and was in proper working order in 2018. They added that Bigge made it clear in the contract that Greystar needed to continue the required and ongoing inspections.
However, Greystar lawyers argued on Wednesday that it wasn't the missed inspections that caused the crane to collapse, but instead the negligence of the crane operator that was provided to Greystar by Bigge. Greystar's lawyers claim Bigge was responsible for the crane operator since he was employed by them but Bigge said the contract states Greystar "borrowed" the man as an employee and therefore was in control of him as the crane operator.
NBC 5 reached out to Greystar Development & Construction for comment, which submitted the following statement:
In order to ensure the integrity of the judicial system and this trial, we will not be commenting on the pending case. We appreciate the work being done by the judge and the jury, and look forward to the jury’s decision based on all the evidence.
Lawyers and plaintiffs tied to the case declined to comment. Leadership from both companies are expected to testify in the coming days, as well as Smith's relatives.
The trial is expected to last two to three weeks.
A number of lawsuits have been filed since the collapse. The insurance underwriters who represent Greystar Real Estate Partners and the Elan City Lights complex said in a 2021 lawsuit against the crane operator that insurance claims are still ongoing and that they had already paid out nearly $60 million to people and businesses affected by the collapse.
OSHA fined Bigge Crane and Rigging $26,000 in December 2020 alleging the company did not inspect for loose or dislodged bolts on the crane and did not follow the manufacturer's instructions to remove bolts that showed surface rust. The citation by OSHA failed to shed light on what caused the deadly collapse and Bigge Crane and Rigging said at the time that they planned to appeal the fine.
