SIOUX FALLS, S.D. (KELO.com) -- The father and brother of the man killed in the Copper Lounge collapse in December 2016 have filed lawsuits over his death.
Ethan McMahon's father, John J. McMahon, Jr., and his brother, John F. McMahon, filed the lawsuits today in Second Circuit Court.
They filed claims for wrongful death and related claims as well as for punitive damages. They also allege a claim of fraudulent transfer against one of the defendants.
The family named Legacy Development, Aaron Hulgren, Boomerang Investments, Olympia Real Estate Holdings, CLP Investments, and Rise Structural Associates as defendants.
The plaintiffs allege, "Hultgren Construction was formed at the urging of Legacy's principals to act as the general contractor for the Project. By using a captive construction company in Hultgren Construction instead of hiring a reputable, third-party contractor, Legacy was able to cut costs and save substantial smounds of money on its development projects."
The complaint also alleges that the Fodness family residing above the construction, had reported to the most of the defendants that "a large crack had formed in the load-bearing common wall during the ongoing construction and demolition activities."
The plaintiffs further allege that most of the defendants "took no action to warn or alert those who would be present on-site of the Project to the danger posed by continued construction and demoliltion activites affecting the load-bearing common wall."
The family members did not request a specific amount of damages in the complaint. They did request punitive damages against defendants Legacy, Boomerang, CLP, Olympia, and Hultgren.
Click here to read John J. McMahon, Jr.'s complaint or at right. Click here to read John F. McMahon's complaint or at right.