SIOUX FALLS, S.D. (KELO.com) -- The young woman trapped for hours in the downtown Sioux Falls building collapse has filed suit against Legacy Development and Hultgren Construction, among others.
Emily Fodness and her parents, Mike and Chris Fodness allege that Emily feared for her life and suffered severe physical, mental, and emotional injuries. The parents also claim they suffered mental and emotional injuries because of what happened to their daughter.
This is the second lawsuit filed in as many weeks in connection with the tragedy in December of 2016. The family of Ethan McMahon, the construction worker killed in the collapse, has also filed in Minnehaha County Court.
The court documents describe what happened that day: that Emily was sleeping in the Fodness residence above the old building, heard a crash, awoke to see her bedroom floor fall away, and rolled out of bed unto a pile of rubble a story-and-a-half below, as more of the building came down on top of her.
The documents also say that her father, Mike, happened to be in the smokeshop located on the first floor of the building, heard a cracking sound and felt the building shift. He ran out, looked back and saw that the building had collapsed.
The Fodness suit alleges, among other claims, negligent construction and supervision.
The family is seeking unspecified damages and wants a trial by jury on all the issues.
Legacy Development is currently involved in the $50 million downtown parking ramp/hotel project in Sioux Falls.