Father, brother of worker killed in Copper Lounge collapse file lawsuits

SIOUX FALLS, S.D. (KSFY) - Two family members of a construction worker who was killed in a building collapse in Sioux Falls have filed lawsuits against the developer and contractor of the project.

Ethan McMahon died on December 2, 2016 after a load-bearing wall between the Copper Lounge and Skelly's collapsed.

His father, John J. McMahon Jr., and his brother, John F. McMahon, filed separate lawsuits Monday against Legacy Development, Hultgren Construction, Boomerang Investments, Olympia Real Estate Holdings, RISE Structural Associates and CLP Investments.

John J. McMahon Jr. is the personal representative of Ethan's estate, and John F. McMahon was also working on the Copper Lounge when it collapsed.

McMahon Jr. alleges "Hultgren Construction carried on its construction and demolition activities under a trial-by-error mentality," and that "Hultgren, Legacy, CLP, Olympia and Boomerang knew or should have known the crack impaired the structural integrity of the load-bearing common wall, which created a significant, foreseeable risk the wall would give out and the entire structure would collapse."

John F. McMahon alleges "Plaintiff has suffered, and will continue to suffer, grievous mental and emotional damages caused by witnessing his brother’s death."

Legacy Development set KSFY News the following statement on Monday:

"Legacy Development and Consulting Company, LLC acknowledges that it received the complaint today, and we are thoroughly reviewing it in its entirety. It is our policy not to comment on pending litigation."

KSFY News reporter Bridget Bennett will have more on this story at 5 p.m. and 6 p.m.