Families file lawsuits over Berkeley balcony collapse last June

The parents of the six students killed in the Berkeley balcony collapse last June and seven survivors of the accident have filed a lawsuit against more than 30 companies involved in the construction of the apartment complex.

Among the legal actions filed with the superior court of California in Alameda County are claims that previous tenants reported seeing mushrooms — a clear sign of rot — on the Berkeley balcony, but the building’s management did not close the structure off.

The building’s manager, Greystar; the building owner, BlackRock; and the construction firm that built the balcony, Segue, have all been accused of negligence in the documents filed.

Olivia Burke, Eoghan Culligan, Ashley Donohue, Lorcán Miller, Niccolai Schuster, and Eimear Walsh died when a fourth-floor balcony on the Library Gardens complex collapsed during a 21st birthday party on June 16 last.

Aoife Beary, Clodagh Cogley, Sean Fahey, Conor Flynn, Jack Halpin, Niall Murray, and Hannah Waters survived the collapse but suffered varying degrees of injury.

Twelve of the victims were Irish students visiting the States on a J1 visa. Ms Donoghue was Irish-American, and a cousin of Ms Burke.

Ashley Donohue

“Our clients have authorised the filing of these claims with the hope that this litigation will bring to light the carelessness and negligence that caused this entirely avoidable tragedy that has produced so much pain and loss, both here and in Ireland,” said law firm Walkup, Melodia, Kelly & Schoenberger, representing 12 of the families.

A separate firm, Rains Lucia Stern, is representing the parents of Amanda Donohoe.

The the lawsuits all seek unspecified damages, and describe the events of the night as the group attended the birthday party.

“Suddenly and without warning, the balcony broke loose from the building, tumbled down and struck the third-floor balcony directly below it,” the lawsuits read.

“The mechanics of the failure hurled the 13 students on to the cement sidewalk and asphalt pavement 40 feet below.

“The unimaginable terror that each victim experienced during the fall was eclipsed by the carnage on the ground.”

The lawsuit claims Segue used cheaper materials to construct the balcony, making it more susceptible to water damage, and left it exposed to rain during construction in 2005.

A city investigation following the collapse revealed wooden supporting beams on the balcony were rotted through from water damage.

The Alameda County district attorney has been conducting an investigation to decide if criminal charges are warranted.