Hanna Marhunova, as Administratrix of the Estate Of Siarhei Marhunou, Deceased, and In Her Own Right v. Fitler Construction Group LLC
On June 28, 2024, a Philadelphia jury awarded $68.5 million to Hanna Marhunova and her son. This compensation was for the wrongful death of her husband, Siarhei Marhunou, caused by negligence in the maintenance and installation of safety measures at the construction site managed by Fitler Construction Group LLC et al.
Case Background
On May 17, 2022, Plaintiff Hanna Marhunova filed a survival action litigation for the wrongful death of her husband before the Philadelphia Court of Common Pleas. Judges Linda Carpenter and Angelo Foglietta presided over this case. [Case ID: 220501520]
Cause
Hanna Marhunova, a resident of Pennsylvania, filed this lawsuit as the Administratrix of the Estate of Siarhei Marhunou. She represented herself, and all statutory beneficiaries, and acted as the personal representative of Siarhei Marhunou’s Estate in this lawsuit.
On December 15, 2021, Siarhei Marhunou was working on a balcony during the construction of new townhomes at 2330 Sansom Street, Philadelphia, Pennsylvania.
Ori Feibush was developing the five-unit Fitler Square townhouse cluster at 2330 Sansom Street through his affiliated companies and subcontractors. OCF Construction, LLC, one of Feibush’s companies, served as the general contractor. While working for the subcontractor DPSY, Inc., Marhunou was installing siding on one of the balconies. He lost his balance and fell approximately fifty feet through a temporary wooden railing from a fifth-floor balcony to the ground.
As he fell, he came into contact with guard rails attached to the side of the balcony. These guard rails were grossly inadequate, defectively installed, and violated multiple safety regulations, including OSHA 1910.29. As Marhunou came in contact with the defective guard rail, it gave way, leading him to fall to his death.
The Defendants failed to install proper fall protection on the balcony, in violation of OSHA regulations, despite falls being a leading cause of serious injury and death on construction sites. They also did not provide Marhunou with a personal fall-arrest system. Consequently, Marhunou fell more than four stories to the street below and suffered fatal injuries.
Injury
As a direct result of the Defendants’ gross negligence and recklessness, the Plaintiff suffered fatal injuries. These included multiple blunt impact injuries, a subgaleal soft tissue hemorrhage, and numerous displaced fractures in the calvarial, facial, and mandibular areas.
Additionally, he had fractures in the posterior, middle, and left anterior cranial fossae. He also endured a subarachnoid hemorrhage, abrasions on the back and posterior scalp with parallel linear patterns and multiple rib fractures. The injuries further included an aortic laceration, pulmonary lacerations and contusions, multiple hepatic lacerations, pancreatic hemorrhage, splenic laceration, renal pelvic hemorrhage, and left lumbar fractures (L1 to L4), along with hemoperitoneum.
The Plaintiff experienced conscious pain and suffering, along with the fear of imminent death. Both he and his beneficiaries experienced significant and irreversible loss and harm.
Damages
The Plaintiff sought damages from Defendants Fitler Construction Group LLC and 2330 Sansom Street LLC, either jointly or severally. The claimed amount exceeded the jurisdictional threshold. This sum did not include interest, costs, punitive damages, or delay damages under Pa. R.C.P. Section 238.
Key Arguments and Proceedings
Legal Representation
- Plaintiff(s): Hanna Marhunova
- Counsel for Plaintiff(s): Robert J. Mongeluzzi | Andrew R. Duffy | Aidan B. Carickhoff | Jeffrey P. Goodman
- Defendant(s): Fitler Construction Group LLC | OCF Construction LLC | 2330 Sansom Street LLC | HSC Construction Inc. | Hammers Contractors Inc. | Limit Construction Corp.
- Counsel for Defendant(s): Andrew R. Benedict | Joanne R. Rubisohn | Glenn M. Campbell | Glenn A. Ricketti | Lawrence M. Kelly | John P Morgenstern | Peter R. Kulp | Elizabeth Horneff | Samantha A. Erley | Robert J. Cosgrove | Robert G. Devine | Andrew P. Stafford | Maureen S. McBride
Claims
Defendants Fitler, OCF Construction, Hammers, HSC, and Limit controlled the worksite’s safety, inspecting, supervising, and providing materials, equipment, and personnel for the Project. Before December 15, 2021, they knew or should have known that workers in fall hazard areas faced unsafe conditions and an unreasonable risk of catastrophic injury without proper fall protection.
The Defendants were aware of numerous OSHA regulations requiring fall protection for workers at significant heights. Despite this, they failed to implement and enforce safety measures. They acted negligently and recklessly in several ways, including:
- Not providing a safe work environment for the Plaintiff.
- Failing to ensure workers had adequate fall protection or personal fall-arrest equipment.
- Neglecting to implement proper fall prevention policies and procedures.
- Installing inadequate or non-compliant guard rails.
- Not inspecting or maintaining guard rails properly.
- Failing to install appropriate tie-off points and personal fall arrest systems before the accident.
- Not securing the balcony or ensuring it was safe for workers.
- Allowing unsecured ladders and not equipping workers with fall-arrest systems before using ladders.
- Allowing access to unsafe ladders and unguarded balconies.
- Failing to enforce training on fall protection and safety procedures for all workers involved.
- Not implementing a site-wide fall protection system.
- Neglecting to provide adequate warnings about the dangers of working from heights without proper fall protection.
- Exposing workers to fall hazards and failing to ensure proper techniques and training.
Additionally, they breached duties under the Restatement (Second) of Torts, failed to properly train and supervise employees, hired incompetent safety personnel, and violated federal and state safety regulations, including OSHA standards. They performed construction services inadequately and failed to ensure safety on the site, including the presence of a competent person to address hazards.
Defense
The Defendants denied all allegations of negligence and wrongful death. In turn, Defendant Fitler filed a cross-claim, maintaining that there had been no negligence on its part.
Jury Verdict
On June 28, 2024, after a four-day trial, the Philadelphia jury rendered a $68.5 million verdict in favor of the Plaintiff. The award included $13.5 million under the survival statute plus $55 million under the wrongful death statute. Marhunou’s wife was awarded $25 million and their son was given $30 million.
The jury allocated the damages according to the fault of various Defendants: Fitler Construction Group, 20%; OCF Construction, 50%; 2330 Sansom Street LLC, 20%; HSC Construction, 9%; and Hammers Construction, 1%. Only Hammers and HSC were not Feibush-affiliated businesses.
After the verdict was released, the Plaintiff’s attorney, Aidan B. Carickhoff from Saltz Mongeluzzi Bendesky commented, “The evidence, in this case, showed OCF cut corners on this project at every turn, and it had tragic consequences,” He further stated that, “Management of this construction project was a labyrinth of corporate structure designed to protect the developers. Instead, construction projects need to be set up to protect workers. The jury saw through OCF’s shell games.”
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