Mission Group and Stemmer Construction now face five lawsuits
Four additional lawsuits have been lodged against Mission Group and Stemmer Construction, the developer and construction company, in connection with the crane collapse that claimed the lives of five individuals in Kelowna, B.C. two years ago.
The recent plaintiffs, including a colleague of one of the victims and a neighboring business owner, are all alleging negligence on the part of the companies involved. The claims were submitted to the B.C. Supreme Court, with one of the filings asserting, "the injuries, loss and damage have caused and will continue to permanently cause the plaintiff pain, suffering [and] loss of enjoyment of life."
With these new lawsuits, the total number of legal actions against the construction company has risen to five, as the plaintiffs seek civil damages while awaiting the outcomes of ongoing criminal and workplace investigations. Neither Mission Group nor Stemmer Construction has issued any response to the claims thus far, according to a CBC News report.
The crane collapse occurred at the construction site of the Brooklyn residential tower on St. Paul Street in downtown Kelowna at approximately 11:30 a.m. on July 12, 2021. The crane toppled and crashed into a nearby office tower.
Among the victims were construction workers Cailen Vilness and Jared Zook, as well as brothers Eric and Patrick Stemmer, who were part of the Stemmer Construction family business, which held the crane operating contract. Brad Zawislak, an employee of Protech Consulting, was also tragically killed when he was buried under the rubble of the collapsing crane. His body was discovered two days later.
Zawislak’s widow, Helen Furuya, launched the first lawsuit against the two companies.
One of the new lawsuits emerged from a colleague who tried to rescue Zawislak in the aftermath of the incident. Grant Maddock, who witnessed the event unfold from his office window, recounted how he saw three workers sprinting to safety just moments before the crane's devastating descent.
The claim states Maddock hurriedly made his way to his office, only to find the crane operator's cage in the exact spot where his colleague, Brad Zawislak, had been diligently working. Frantically searching for Zawislak, Maddock's efforts were in vain. The lawsuit details Maddock's subsequent realization that Zawislak had perished after being crushed by the collapsing crane operator's cage, which had propelled him through the floor and into the office on the lower level.
Another lawsuit, filed this week, was submitted by lawyer Chris Fraser, who was working on the floor beneath Zawislak at the time of the incident. Fraser narrowly escaped the destruction, as the crane nearly struck his office. Several days later, he returned to his office to retrieve some paperwork and made a grim discovery—an item identified as Zawislak's shoe was found resting on his desk.
The claim further revealed that Fraser was subjected to an unbearable stench, which he believed emanated from the deceased individual in the office above his own. Both Maddock and Fraser have since grappled with post-traumatic stress disorder as a result of the harrowing experience.
A woman who operated a beauty salon in the same office building voiced her grievances in a lawsuit, asserting that she was compelled to shutter her storefront and relocate her business to her residence due to the hazardous conditions resulting from the collapse.
Another claim was filed by the Carmel Housing Society, which detailed the emergency renovations that had to be undertaken on their condominium building situated behind the office tower.
The Royal Canadian Mounted Police (RCMP) have disclosed that the crane was in the process of being dismantled when a "catastrophic" incident unfolded.
Subsequently, both the RCMP and WorkSafeBC initiated separate investigations into the matter, but have remained tight-lipped regarding the specifics of their findings.
WorkSafeBC confirmed the completion of its investigation, but due to an agreement with the police, the agency has refrained from releasing its findings to the public. In the joint update issued earlier this spring, the RCMP conveyed that investigators were still determining whether any criminal offences had been committed.
