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Construction
9 min read
Areas of Expertise :
Construction, Construction Safety, Structural Engineering, Demolition, Occupational Safety And Health (OSHA)
Published Date:
Last Modified Date:
Jurisdiction:
Pennsylvania State
On June 5, 2013, a four-story building undergoing demolition at 22nd and Market Streets in Center City Philadelphia collapsed onto the neighboring Salvation Army Thrift Store. According to the report of the Philadelphia Mayor’s Special Independent Advisory Commission, six people died in the collapse and 13 others were injured. Danny Johnson, who was rescued from the rubble, died on June 28, 2013. His estate alleged that injuries and medical complications connected to the collapse caused or contributed to his death, and the subsequent civil litigation therefore included claims arising from seven deaths. The disaster occurred when a freestanding wall fell onto the one-story store, causing the roof to cave in and trapping shoppers and employees. After an extensive rescue operation and a lengthy civil trial, a jury in January 2017 found all six parties listed on the liability verdict sheet responsible for part of the harm. For customer claims, the jury assigned 75% of the responsibility to the Salvation Army, 13% to STB Investments, 5% to Richard Basciano, 5% to architect Plato Marinakos Jr., and 1% each to demolition contractor Griffin Campbell and equipment operator Sean Benschop. For claims involving Salvation Army employees, the jury assigned 34% of the responsibility to Richard Basciano, 34% to STB Investments, 30% to Plato Marinakos Jr., and 1% each to Griffin Campbell and Sean Benschop. The Salvation Army was not included in that allocation because the employee claims against it were governed by workers’ compensation law. Within days of the liability verdict, the parties announced a $227 million global settlement for 19 plaintiffs, which published reports described at the time as the largest personal-injury settlement in Pennsylvania history.
The litigation record documented repeated warnings before the collapse, including emails referring to a “threat to life and limb” and the danger of an “uncontrolled collapse.” In May 2017, an arbitration process allocated $95.6 million of the global settlement to survivor Mariya Plekan, whose recovery was reported at the time as Pennsylvania’s largest individual personal-injury recovery. The property was later converted into a memorial park honoring those who died. Public accounts also recorded the collapse’s lasting effect on surviving relatives, including Maggie Davis, the widow of Salvation Army employee Borbor Davis.
In the weeks before the collapse, STB Investments, Richard Basciano’s company, sent the Salvation Army five emails warning of a “threat to life and limb” and the possibility of an “uncontrolled collapse.” The messages later became central evidence that the parties had received prior notice of construction safety risks associated with the demolition beside the thrift store.
At approximately 10:41 a.m., an unsupported four-story wall from a building under demolition toppled onto the neighboring one-story Salvation Army Thrift Store at 22nd and Market Streets in Philadelphia. The impact caused the store’s roof to cave in, burying shoppers and employees beneath a large debris field. First responders continued rescue and recovery operations through the day and night.
Six people died in the collapse, and 13 others were injured, according to the Philadelphia Mayor’s Special Independent Advisory Commission. Danny Johnson, who was rescued from the rubble, died on June 28, 2013. His estate later alleged that collapse-related injuries and medical complications caused or contributed to his death, and the civil litigation consequently included claims arising from seven deaths.
News reports identified September 6, 2016, as the beginning of jury selection, followed by opening statements on September 19. The trial gave survivors and families an opportunity to present evidence concerning demolition planning, construction safety precautions, site coordination, and the warnings issued before the collapse.
After more than five months of proceedings, the jury found every party listed on the liability verdict sheet responsible for a portion of the harm. Published reports described the proceeding as the longest civil trial in Philadelphia history.
For customer claims, the jury assigned 75% of the responsibility to the Salvation Army, 13% to STB Investments, 5% to Richard Basciano, 5% to Plato Marinakos Jr., and 1% each to Griffin Campbell and Sean Benschop. For claims involving Salvation Army employees, the jury assigned a combined 68% of the responsibility to Basciano and STB Investments. The litigation was expected to proceed to a damages phase following the liability verdict.
While the damages phase was underway, attorneys announced a $227 million global settlement covering 19 plaintiffs. Published reports described the resolution at the time as the largest personal-injury settlement in Pennsylvania history.
Through an arbitration process, $95.6 million of the global settlement was allocated to survivor Mariya Plekan. Published reports described the amount at the time as Pennsylvania’s largest individual personal-injury recovery and connected the allocation to the severity of Plekan’s injuries and her substantial long-term medical and care needs.
The Salvation Army donated the property to the City of Philadelphia, and a memorial park opened at the site on the fifth anniversary of the collapse. Rather than returning the location to commercial use, the park preserved it as a place of public remembrance honoring those who died.
Court:
Court of Common Pleas of Philadelphia County
Case Name:
In re: Market Street Collapse Litigation
Building Code Compliance
Construction Accidents
Worker Safety
Architectural Engineering
Construction Damages
On June 5, 2013, a four-story building undergoing demolition at 22nd and Market Streets in Center City Philadelphia collapsed onto the neighboring Salvation Army Thrift Store. According to the report of the Philadelphia Mayor’s Special Independent Advisory Commission, six people died in the collapse and 13 others were injured. Danny Johnson, who was rescued from the rubble, died on June 28, 2013. His estate alleged that injuries and medical complications connected to the collapse caused or contributed to his death, and the subsequent civil litigation therefore included claims arising from seven deaths. The disaster occurred when a freestanding wall fell onto the one-story store, causing the roof to cave in and trapping shoppers and employees. After an extensive rescue operation and a lengthy civil trial, a jury in January 2017 found all six parties listed on the liability verdict sheet responsible for part of the harm. For customer claims, the jury assigned 75% of the responsibility to the Salvation Army, 13% to STB Investments, 5% to Richard Basciano, 5% to architect Plato Marinakos Jr., and 1% each to demolition contractor Griffin Campbell and equipment operator Sean Benschop. For claims involving Salvation Army employees, the jury assigned 34% of the responsibility to Richard Basciano, 34% to STB Investments, 30% to Plato Marinakos Jr., and 1% each to Griffin Campbell and Sean Benschop. The Salvation Army was not included in that allocation because the employee claims against it were governed by workers’ compensation law. Within days of the liability verdict, the parties announced a $227 million global settlement for 19 plaintiffs, which published reports described at the time as the largest personal-injury settlement in Pennsylvania history.
The litigation record documented repeated warnings before the collapse, including emails referring to a “threat to life and limb” and the danger of an “uncontrolled collapse.” In May 2017, an arbitration process allocated $95.6 million of the global settlement to survivor Mariya Plekan, whose recovery was reported at the time as Pennsylvania’s largest individual personal-injury recovery. The property was later converted into a memorial park honoring those who died. Public accounts also recorded the collapse’s lasting effect on surviving relatives, including Maggie Davis, the widow of Salvation Army employee Borbor Davis.
In the weeks before the collapse, STB Investments, Richard Basciano’s company, sent the Salvation Army five emails warning of a “threat to life and limb” and the possibility of an “uncontrolled collapse.” The messages later became central evidence that the parties had received prior notice of construction safety risks associated with the demolition beside the thrift store.
At approximately 10:41 a.m., an unsupported four-story wall from a building under demolition toppled onto the neighboring one-story Salvation Army Thrift Store at 22nd and Market Streets in Philadelphia. The impact caused the store’s roof to cave in, burying shoppers and employees beneath a large debris field. First responders continued rescue and recovery operations through the day and night.
Six people died in the collapse, and 13 others were injured, according to the Philadelphia Mayor’s Special Independent Advisory Commission. Danny Johnson, who was rescued from the rubble, died on June 28, 2013. His estate later alleged that collapse-related injuries and medical complications caused or contributed to his death, and the civil litigation consequently included claims arising from seven deaths.
News reports identified September 6, 2016, as the beginning of jury selection, followed by opening statements on September 19. The trial gave survivors and families an opportunity to present evidence concerning demolition planning, construction safety precautions, site coordination, and the warnings issued before the collapse.
After more than five months of proceedings, the jury found every party listed on the liability verdict sheet responsible for a portion of the harm. Published reports described the proceeding as the longest civil trial in Philadelphia history.
For customer claims, the jury assigned 75% of the responsibility to the Salvation Army, 13% to STB Investments, 5% to Richard Basciano, 5% to Plato Marinakos Jr., and 1% each to Griffin Campbell and Sean Benschop. For claims involving Salvation Army employees, the jury assigned a combined 68% of the responsibility to Basciano and STB Investments. The litigation was expected to proceed to a damages phase following the liability verdict.
While the damages phase was underway, attorneys announced a $227 million global settlement covering 19 plaintiffs. Published reports described the resolution at the time as the largest personal-injury settlement in Pennsylvania history.
Through an arbitration process, $95.6 million of the global settlement was allocated to survivor Mariya Plekan. Published reports described the amount at the time as Pennsylvania’s largest individual personal-injury recovery and connected the allocation to the severity of Plekan’s injuries and her substantial long-term medical and care needs.
The Salvation Army donated the property to the City of Philadelphia, and a memorial park opened at the site on the fifth anniversary of the collapse. Rather than returning the location to commercial use, the park preserved it as a place of public remembrance honoring those who died.
Construction Safety Expert Witness
In building-collapse and demolition disputes, construction safety expert witnesses may be consulted to evaluate site safety planning, hazard controls, supervision practices, and precautions intended to protect workers, occupants, and the public. Depending on the issues presented, their review may include safety plans, inspection records, warning communications, protective barriers, and contractor procedures.
Structural Engineering Expert Witness
In building-collapse litigation, structural engineering expert witnesses may be consulted to evaluate wall stability, load paths, temporary support systems, and the effects of removing structural components. Depending on the issues presented, they may review plans, photographs, inspection records, site conditions, and demolition sequencing to assess how structural stability changed as the work progressed.
Demolition Expert Witness
Demolition experts are often engaged in building-collapse and construction-safety cases to evaluate whether demolition methods, sequencing, equipment use, and temporary support measures were consistent with accepted practices. They may review project plans, site conditions, contractor procedures, and the removal of structural components to assess how the work affected wall stability and adjacent properties.
Occupational Safety and Health (OSHA) Expert Witness
In construction and demolition disputes, occupational safety expert witnesses may be consulted to evaluate workplace hazard assessments, worker training, supervision, and procedures intended to reduce exposure to recognized risks. Depending on the issues presented, they may review safety plans, incident records, work practices, and applicable federal OSHA standards to assess whether workplace precautions were established and followed.
Building Code Compliance Expert Witness
Building code compliance experts are often engaged to evaluate whether construction or demolition work complied with applicable local building codes, demolition regulations, permitting requirements, and inspection procedures. They may review permit applications, approved plans, inspection records, violation notices, and requirements governing work beside occupied properties.
Preserve Safety Warnings and Project Communications
The emails referring to a “threat to life and limb” provided evidence that demolition hazards had been communicated before the collapse. In construction litigation, communications among property owners, contractors, consultants, and neighboring occupants may be relevant to notice, foreseeability, and the parties’ responses to known risks. Preserving emails, letters, meeting records, inspection reports, and related communications can help establish when concerns were raised and what actions followed.
Use Technical Evidence to Explain the Failure Sequence
Construction safety, structural engineering, and demolition expert witnesses may assist the court or jury in understanding the technical events that preceded a collapse. Depending on the issues in dispute, their analysis may address structural stability, temporary support, demolition sequencing, site controls, and compliance with applicable safety requirements. Expert opinions should remain within the witness’s field and be tied to the documents, physical evidence, testimony, and site conditions available in the case.
Evaluate Responsibility Separately for Each Claimant Group
The verdict assigned different percentages of responsibility based on whether the claims involved customers or Salvation Army employees. For customer claims, the jury assigned 75% to the Salvation Army, 13% to STB Investments, 5% to Richard Basciano, 5% to Plato Marinakos Jr., and 1% each to Griffin Campbell and Sean Benschop. For employee claims, the jury assigned a combined 68% to Basciano and STB Investments. These separate allocations show that responsibility may vary according to the claimant’s relationship to the parties, the duties alleged, and the evidence presented for each category of claims.
Examine Applicable Safety Standards and Regulatory Duties
Evidence concerning OSHA regulations, building codes, permit requirements, and accepted demolition practices may be relevant when determining whether applicable duties were met. Technical testimony may help explain how particular requirements relate to site conditions, demolition decisions, and protective measures. The legal effect of any alleged violation depends on the governing law, the claims asserted, and the evidence admitted.
Account for Long-Term Medical and Economic Losses
The $95.6 million allocation to Mariya Plekan reflected the severity of her injuries and her documented long-term medical and care needs. In catastrophic-injury litigation, medical records, rehabilitation evidence, economic analysis, and life-care planning may be used to estimate future treatment, personal assistance, lost income, and other continuing losses. In this matter, those projected needs formed part of the process used to allocate the global settlement.
The civil litigation arising from the June 5, 2013, Philadelphia Salvation Army Thrift Store collapse examined demolition planning, structural stability, site supervision, hazard communication, and the allocation of responsibility among the property owner, demolition participants, architect, and neighboring store operator. According to the Philadelphia Mayor’s Special Independent Advisory Commission, six people died in the collapse and 13 others were injured. Danny Johnson, who was rescued from the rubble, died on June 28, 2013. His estate later alleged that collapse-related injuries and medical complications caused or contributed to his death, and the civil litigation consequently included claims arising from seven deaths. The jury assigned a portion of responsibility to every party listed on the liability verdict sheet, and the claims concluded through a $227 million global settlement for 19 plaintiffs before the damages phase was completed. The record also documented pre-collapse warnings referring to a “threat to life and limb” and the risk of an “uncontrolled collapse,” together with issues involving temporary structural support, demolition sequencing, protection of an occupied neighboring property, and communication among the parties responsible for site safety.
How long did the civil trial over the Philadelphia building collapse last?
Jury selection began on September 6, 2016, and opening statements followed on September 19. After more than five months of proceedings, the jury returned its liability verdict on January 31, 2017. Published reports described the proceeding as the longest civil trial in Philadelphia history.
How much was the settlement in the Philadelphia building collapse litigation?
The parties reached a $227 million global settlement for 19 plaintiffs, including injured survivors and families of those who died. Published reports described it at the time as Pennsylvania’s largest personal-injury settlement. The agreement was announced on February 8, 2017, shortly after the jury returned its liability verdict.
Were safety warnings issued before the Market Street collapse?
Yes. In the weeks before the collapse, emails sent to the Salvation Army referred to a “threat to life and limb” and the risk of an “uncontrolled collapse.” The communications became central evidence that demolition hazards had been reported before the incident.
How did the jury allocate responsibility for the collapse?
For customer claims, the jury assigned 75% of the responsibility to the Salvation Army, 13% to STB Investments, 5% to Richard Basciano, 5% to Plato Marinakos Jr., and 1% each to Griffin Campbell and Sean Benschop. For claims involving Salvation Army employees, the jury assigned a combined 68% to Basciano and STB Investments. The differing allocations reflected separate assessments for the two claimant groups.
How much of the settlement was allocated to Mariya Plekan?
In May 2017, an arbitration process allocated $95.6 million of the $227 million settlement to survivor Mariya Plekan. Published reports described the amount at the time as Pennsylvania’s largest individual personal-injury recovery. The allocation accounted for the severity of her injuries and her long-term medical and care needs.
Construction Safety Expert Witness
In building-collapse and demolition disputes, construction safety expert witnesses may be consulted to evaluate site safety planning, hazard controls, supervision practices, and precautions intended to protect workers, occupants, and the public. Depending on the issues presented, their review may include safety plans, inspection records, warning communications, protective barriers, and contractor procedures.
Structural Engineering Expert Witness
In building-collapse litigation, structural engineering expert witnesses may be consulted to evaluate wall stability, load paths, temporary support systems, and the effects of removing structural components. Depending on the issues presented, they may review plans, photographs, inspection records, site conditions, and demolition sequencing to assess how structural stability changed as the work progressed.
Demolition Expert Witness
Demolition experts are often engaged in building-collapse and construction-safety cases to evaluate whether demolition methods, sequencing, equipment use, and temporary support measures were consistent with accepted practices. They may review project plans, site conditions, contractor procedures, and the removal of structural components to assess how the work affected wall stability and adjacent properties.
Occupational Safety and Health (OSHA) Expert Witness
In construction and demolition disputes, occupational safety expert witnesses may be consulted to evaluate workplace hazard assessments, worker training, supervision, and procedures intended to reduce exposure to recognized risks. Depending on the issues presented, they may review safety plans, incident records, work practices, and applicable federal OSHA standards to assess whether workplace precautions were established and followed.
Building Code Compliance Expert Witness
Building code compliance experts are often engaged to evaluate whether construction or demolition work complied with applicable local building codes, demolition regulations, permitting requirements, and inspection procedures. They may review permit applications, approved plans, inspection records, violation notices, and requirements governing work beside occupied properties.
Preserve Safety Warnings and Project Communications
The emails referring to a “threat to life and limb” provided evidence that demolition hazards had been communicated before the collapse. In construction litigation, communications among property owners, contractors, consultants, and neighboring occupants may be relevant to notice, foreseeability, and the parties’ responses to known risks. Preserving emails, letters, meeting records, inspection reports, and related communications can help establish when concerns were raised and what actions followed.
Use Technical Evidence to Explain the Failure Sequence
Construction safety, structural engineering, and demolition expert witnesses may assist the court or jury in understanding the technical events that preceded a collapse. Depending on the issues in dispute, their analysis may address structural stability, temporary support, demolition sequencing, site controls, and compliance with applicable safety requirements. Expert opinions should remain within the witness’s field and be tied to the documents, physical evidence, testimony, and site conditions available in the case.
Evaluate Responsibility Separately for Each Claimant Group
The verdict assigned different percentages of responsibility based on whether the claims involved customers or Salvation Army employees. For customer claims, the jury assigned 75% to the Salvation Army, 13% to STB Investments, 5% to Richard Basciano, 5% to Plato Marinakos Jr., and 1% each to Griffin Campbell and Sean Benschop. For employee claims, the jury assigned a combined 68% to Basciano and STB Investments. These separate allocations show that responsibility may vary according to the claimant’s relationship to the parties, the duties alleged, and the evidence presented for each category of claims.
Examine Applicable Safety Standards and Regulatory Duties
Evidence concerning OSHA regulations, building codes, permit requirements, and accepted demolition practices may be relevant when determining whether applicable duties were met. Technical testimony may help explain how particular requirements relate to site conditions, demolition decisions, and protective measures. The legal effect of any alleged violation depends on the governing law, the claims asserted, and the evidence admitted.
Account for Long-Term Medical and Economic Losses
The $95.6 million allocation to Mariya Plekan reflected the severity of her injuries and her documented long-term medical and care needs. In catastrophic-injury litigation, medical records, rehabilitation evidence, economic analysis, and life-care planning may be used to estimate future treatment, personal assistance, lost income, and other continuing losses. In this matter, those projected needs formed part of the process used to allocate the global settlement.
The civil litigation arising from the June 5, 2013, Philadelphia Salvation Army Thrift Store collapse examined demolition planning, structural stability, site supervision, hazard communication, and the allocation of responsibility among the property owner, demolition participants, architect, and neighboring store operator. According to the Philadelphia Mayor’s Special Independent Advisory Commission, six people died in the collapse and 13 others were injured. Danny Johnson, who was rescued from the rubble, died on June 28, 2013. His estate later alleged that collapse-related injuries and medical complications caused or contributed to his death, and the civil litigation consequently included claims arising from seven deaths. The jury assigned a portion of responsibility to every party listed on the liability verdict sheet, and the claims concluded through a $227 million global settlement for 19 plaintiffs before the damages phase was completed. The record also documented pre-collapse warnings referring to a “threat to life and limb” and the risk of an “uncontrolled collapse,” together with issues involving temporary structural support, demolition sequencing, protection of an occupied neighboring property, and communication among the parties responsible for site safety.
How long did the civil trial over the Philadelphia building collapse last?
Jury selection began on September 6, 2016, and opening statements followed on September 19. After more than five months of proceedings, the jury returned its liability verdict on January 31, 2017. Published reports described the proceeding as the longest civil trial in Philadelphia history.
How much was the settlement in the Philadelphia building collapse litigation?
The parties reached a $227 million global settlement for 19 plaintiffs, including injured survivors and families of those who died. Published reports described it at the time as Pennsylvania’s largest personal-injury settlement. The agreement was announced on February 8, 2017, shortly after the jury returned its liability verdict.
Were safety warnings issued before the Market Street collapse?
Yes. In the weeks before the collapse, emails sent to the Salvation Army referred to a “threat to life and limb” and the risk of an “uncontrolled collapse.” The communications became central evidence that demolition hazards had been reported before the incident.
How did the jury allocate responsibility for the collapse?
For customer claims, the jury assigned 75% of the responsibility to the Salvation Army, 13% to STB Investments, 5% to Richard Basciano, 5% to Plato Marinakos Jr., and 1% each to Griffin Campbell and Sean Benschop. For claims involving Salvation Army employees, the jury assigned a combined 68% to Basciano and STB Investments. The differing allocations reflected separate assessments for the two claimant groups.
How much of the settlement was allocated to Mariya Plekan?
In May 2017, an arbitration process allocated $95.6 million of the $227 million settlement to survivor Mariya Plekan. Published reports described the amount at the time as Pennsylvania’s largest individual personal-injury recovery. The allocation accounted for the severity of her injuries and her long-term medical and care needs.
What happened to the Philadelphia collapse site?
The Salvation Army donated the property to the City of Philadelphia rather than rebuilding the thrift store. A memorial park opened there on June 5, 2018, the fifth anniversary of the collapse. The site now serves as a place of public remembrance for those who died.
Building Code Compliance
Construction Accidents
Worker Safety
Architectural Engineering
Construction Damages
Geotechnical Engineering, +4
Construction
Industrial Hygiene, +7
Construction
What happened to the Philadelphia collapse site?
The Salvation Army donated the property to the City of Philadelphia rather than rebuilding the thrift store. A memorial park opened there on June 5, 2018, the fifth anniversary of the collapse. The site now serves as a place of public remembrance for those who died.