Philadelphia, PA — A Philadelphia jury recently ruled in favor of awarding $68.5 million to the family of Siarhei Marhunou, a construction worker who tragically died after falling from a balcony at a Center City development site managed by OCF Realty. Marhunou’s fatal accident occurred in December 2021, and the lawsuit was filed by his estate in May 2022.
Marhunou, a 38-year-old recent immigrant from Belarus, was working on the balcony installation of siding on a five-unit townhouse development located at 2330 Sansom Street when the incident took place. During his employment, Marhunou fell nearly 50 feet after making contact with a temporary wooden guardrail, which allegedly failed due to being grossly inadequate and defectively installed.
The lawsuit named OCF Construction LLC, Fitler Construction Group, and 2330 Sansom Street LLC—all entities linked to local developer Ori Feibush—as defendants. Additionally, subcontractors HSC Construction Inc. and Hammers Contractors Inc. were also implicated in the case, spotlighting the complicated net of accountability surrounding the project.
Court documents indicated that at the time of the accident, Marhunou was not equipped with essential safety gear like a personal fall-arrest system, which is critical in preventing such tragedies. The complaint highlighted a breach in duty, accusing the involved parties of negligence and recklessness by failing to provide necessary fall protections at the worksite.
During the trial, legal representatives for Marhunou’s estate argued that OCF Construction, serving as the general contractor, bore the majority responsibility for the lapse in safety standards that led to his death. However, OCF Construction refuted claims of being the project’s primary contractor, attributing that role to Fitler Construction Group.
Interestingly, Ori Feibush had previously commented on the problematic nature of subcontracting in the construction industry, acknowledging the higher incidence of accidents in such setups, yet also noting the challenges in effectively policing job sites.
The jury, after a four-day deliberation, allocated 50% of the fault to OCF Construction, with an additional 40% assigned to Fitler Construction and 2330 Sansom Street LLC, and the remaining 10% divided among the other subcontracting firms.
Jeffrey Goodman, an attorney representing Marhunou’s estate, criticized the complex corporate structures often utilized in construction projects, suggesting they prioritize developer protection over worker safety. “The jury recognized the obfuscation tactics and held the defendants accountable,” Goodman stated, stressing the need for industry reform to prioritize workforce safety.
The substantial jury award intends to provide for Marhunou’s widow and their 3-year-old son. Reactions from the defendants’ representatives were not immediately available following the verdict.
This case underscores the ongoing issues of worker safety and corporate responsibility in the construction industry, raising critical questions about oversight and accountability in labor-intensive environments. As the legal and emotional repercussions of this tragedy continue to unfold, the community and industry stakeholders are prompted to reevaluate practices to prevent similar incidents.