Philadelphia, PA — A Philadelphia jury has awarded $68.5 million in damages to the family of a construction worker who died after a fall at a luxury townhouse development site in the city’s Fitler Square area. The worker, identified as 38-year-old Siarhei Marhunou, succumbed to injuries sustained from a fall from an unsecured fifth-floor balcony in December 2021.
The substantial verdict came after a contentious trial that cast a spotlight on what attorneys described as significant safety oversights by OCF Construction LLC, the general contractor helmed by developer Ori Feibush. Marhunou’s family, represented by lawyers Jeffrey P. Goodman and Aidan B. Carickhoff of Saltz Mongeluzzi Bendesky, argued that the company prioritized cost-cutting measures over safety protocols, resulting in the fatal incident.
The worker was installing siding at the time of the catastrophe and fell approximately 50 feet through temporary wooden railing, leading to his untimely death. Investigations revealed numerous violations of the Occupational Safety and Health Administration’s (OSHA) safety standards, particularly those requiring adequate fall protection systems for workers operating above six feet.
The trial, which unfolded over four days at the Philadelphia Court of Common Pleas, resulted in a judgment that emphasized accountability and the importance of adhering to safety regulations in construction projects. Addressing the jurors, Attorney Goodman berated the management of the construction project for its complex corporate structure, which he argued was designed more to shield the developers legally rather than safeguard the workers on site.
“No amount of money can ever replace a life or alleviate the grief of a bereaved family,” Attorney Carickhoff remarked following the verdict. He highlighted the courage of Marhunou’s widow, Hanna, and their young son, expressing honor in representing them in their pursuit for justice and corporate accountability.
The legal battle also ensnared several other companies affiliated with the construction project. Apart from OCF Construction, the jury directed a part of the compensation liability to Fitler Construction Group, 2330 Sansom Street LLC, and two other contractors, Hammers Construction and HSC Construction, with the latter two not being affiliated with Feibush’s companies.
While the defendants remained unavailable for comment post-trial, the case has stirred public and regulatory attention towards safety practices in the construction industry, particularly in projects involving multiple contractors and complex management hierarchies.
Legal experts suggest that this case could serve as a significant precedent for future construction safety litigation, highlighting the potential financial and reputational risks companies face when failing to implement rigorous safety measures.
The tragedy and subsequent trial underscore not only the human cost of neglecting worker safety but also the legal imperatives that construction companies must heed to ensure comprehensive protections for their workforce. As the city reflects on this landmark verdict, it is hoped by many that such a tragic incident will catalyze stronger adherence to safety standards across the construction sector.