The South Dakota Supreme Court yesterday began hearing arguments in a lawsuit filed against the city of Sioux Falls in the case of a 2016 building collapse that killed a worker and seriously injured another person.
The suit was brought by the family of Emily Fodness, who was trapped in debris for several hours when a building being remodeled by Hultgren Construction, LLC collapsed. Construction worker Ethan McMahon died in the incident.
According to news reports, Fodness survived but has been left with the ongoing effects of injuries as well as PTSD.
Fodness attorney Dan Fritz argued in front of the court that the city was negligent and that it violated its own ordinances by issuing a building permit to Hultrgren Construction without a set of building plans that would require removing a load-bearing wall.
Sioux Falls has maintained that responsibility for the tragedy lies with the construction company because the city had no knowledge that issuing a permit would lead to the collapse.
The justices are expected to rule on the suit at a later date.