PHILADELPHIA — A Philadelphia jury has awarded $68.5 million in damages to the widow and young son of a construction worker who died after a fall from an improperly secured balcony. The verdict, returned on Wednesday, concluded a lawsuit involving allegations of negligence and wrongful death against OCF Construction LLC and several associated companies.
The incident that led to the legal battle occurred on December 15, 2021, at a luxury townhouse development in the Fitler Square area of the city. Siarhei Marhunou, 38, was working on the fifth-floor balcony of the new five-unit complex when he fell approximately 50 feet to his death. According to court documents, he was installing siding at the time and the fall was through a temporary wooden railing that failed.
Legal representatives for Marhunou’s family argued that the fall was preventable and accused OCF Construction and its affiliates of prioritizing cost-saving over safety. “The evidence showed that OCF cut corners on critical safety measures. The worker’s safety was sacrificed in a complex web of corporate structures designed to shield the developers,” attorney Jeffrey P. Goodman stated. His colleague, Aidan B. Carickhoff, added, “This verdict stands for accountability and honors the family’s bravery in their pursuit of justice against those who believe they are above the law.”
Marhunou is survived by his wife, Hanna, and their three-year-old son. The family, crushed by their loss, found some solace in the jury’s decision. “While no financial compensation can ever replace a loved one, this judgment acknowledges the significant impact of the loss on this family,” Carickhoff explained.
The court hearing, which took place at the Philadelphia Court of Common Pleas, scrutinized the practices at the construction site managed by Ori Feibush’s OCF Construction, LLC, the principal contractor. Investigations revealed multiple violations of OSHA safety regulations, particularly those requiring adequate fall protection systems for workers on sites where the risk of falling exists.
In a decisive move, the jury also allocated portions of the damage award to other defendants involved, including Fitler Construction Group, 2330 Sansom Street LLC, HSC Construction, and Hammers Construction. It was noted that the latter two companies were not affiliated with Feibush’s enterprises.
The loss of Marhunou has sparked discussions about the need for stringent adherence to safety standards in construction projects. Industry experts emphasize that such tragedies are a grim reminder of the potential consequences when safety measures are compromised.
This case has drawn attention to the legal responsibilities of construction firms and the importance of enforcement of labor safety laws to protect workers. Advocates for worker safety are calling for increased oversight and stricter penalties for violations that put workers at risk.
As the legal proceedings conclude, the Marhunou family continues to advocate for safety reforms, ensuring that Siarhei’s death will serve as an impetus for positive change in the construction industry. Their story stands as both a warning and a call to action for construction companies everywhere to place worker safety at the forefront of their operations.