$101 Million Settlement Reached in Lawsuit over Fatal Parking Garage Collapse

By Daniel Hawn

Published on April 12, 2007

The collapse of the parking garage on Oct. 30, 2003, killed four construction workers and injured more than 20 others. A 2004 investigation into the accident by the U.S. Occupational Safety and Health Administration determined that the parking structure was not properly designed or built and that the construction process lacked proper oversight. Fundamental construction and engineering principles were also violated or disregarded, investigators said. According to one of the plaintiffs' attorneys, the structure collapsed because the floors were not joined to the walls with the necessary reinforcing steel.

The case set attorneys Robert Mongeluzzi, Larry Bendesky, Paul D’Amato, and Michael Maggiano against several Tropicana contractors and inspectors, including Fabi Construction and Keating Building Corp. The settlement includes approximately $82.5 million in cash, $2 million for previously settled claims, $8.2 million of workers’ compensation payouts that will not have to be repaid, and over $8.3 million for future medical costs. The plaintiffs' lead attorney, Robert Mongeluzzi, believes the settlement is the largest in a construction accident case in U.S. history.

The construction workers who died in the collapse were Michael Wittland, 53; James Bigelow, 29; Robert Tartaglio Jr., 42; and Scott Pietrosante, 21.

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