CINCINNATI — Nine people injured in a Corryville balcony collapse in October have filed lawsuits against multiple defendants, claiming they suffered "serious, permanent, life-altering injuries." The 10th person injured previously filed a similar lawsuit soon after the incident in early November.
Court documents show one filing on behalf of eight people represented by Freking Myers & Reul LLC, and a separate suit filed on behalf of one person through their parent, represented by Rittgers.
The eight plaintiffs named in one suit are first-year University of Cincinnati medical students Melissa Amante, Bethany Bergschneider, Josh Bird, Bryan Crase, Steven Joyce and Donald Rogers, as well as Chloe Dennison and Morgan Schmitt, friends of Bergschneider's who were visiting Cincinnati for the first time.
Austin LiPuma is the personal injury department director at FMR LLC, and he told us the collapse came instantaneously.
"Literally without warning. No creaking. No shimmying. All of a sudden, they're on the ground 20+ feet down, and everything collapsed," LiPuma said.
WATCH: We sit down with an attorney representing eight collapse victims
The suit filed through a parent says it is on behalf of first-year UC medical student Derek Borsody. According to the complaint, he suffered a traumatic brain injury and has been unconscious in intensive care since the collapse.
Both complaints are against Stetson Square Condominium Unit Owners Association, Eclipse Community Management and property owners Hezekiel Eskender and Saba Eskender. The lawsuits also list an additional 10 defendants who are employees, agents, independent contractors, companies, partnerships or entities who are "responsible for the maintenance and repair of the balcony."
The complaint says the nine people were celebrating the completion of their first exams at a party hosted by a fellow medical student at 242 Stetson St, where the host was renting a unit. According to the complaints, they went out on the balcony where they had "plenty of personal space," with some standing and others seated. There was also a patio table and a small camping grill on the balcony with them, according to the suits.
"These students who dedicated their lives to trying to save others are forever and permanently changed," LiPuma said.
The lawsuits allege that without warning, one side of the balcony gave way, causing everyone to fall at least 20 feet to the pavement below and suffer "severe injuries."
The suits detail each plaintiff's injuries from the collapse, including head wounds, concussions and fractures that left some of them with permanent hardware.
Some of those injured have not been able to perform their "usual duties," according to court documents, which specifically lists one plaintiff unable to perform their typical work tasks and another unable to access their home.
The lawsuits say the defendants had a duty to ensure safe and habitable premises at the building, and "knew or should have known" about the "defective condition of the balcony."
As a result of the collapse, the lawsuits say, the individuals suffered due to the "carelessness, negligence, recklessness and gross-negligence" of the defendants, including through injuries, medical costs, mental anguish, fear and more.
The lawsuits claim the defendants are liable for injuries and damages, listing several "failures" by the defendants, such as failure to maintain reasonably safe premises and failure to inspect for hazardous conditions.
Both suits seek financial compensation and punitive damages.
LiPuma said the lawsuit should send a message to other property managers in the Greater Cincinnati area.
"Do your job," he said. "You have a responsibility to make sure your property is safe and habitable."
Another medical student, Andrew McGovern, previously filed a similar lawsuit soon after the incident in early November.
The initial lawsuits both also included Neyer Properties Inc. as a defendant. On Jan. 27, both suits voluntarily dismissed Neyer Properties Inc. as a defendant without prejudice, according to court documents.
