This crane collapse killed five men in Kelowna Monday.
(ROB MUNRO / iNFOnews.ca)
July 12, 2023 - 7:00 PM
The wives of three construction workers killed when a crane collapsed in Kelowna two years ago are suing the manufacturer.
Widows Katherine Stemmer, Nikita Stemmer and Jaydean Rose Braham all claim the crane had a "dangerous defect" that led to the death of their husbands.
Their legal claims against the crane's manufacturer, Liebherr-Canada, come two years after the fatal incident and add to a multitude of recently filed lawsuits against Shuswap Construction firm, Stemmer Construction, the developer, the Mission Group, and Liebherr.
Five people were killed on July 12, 2021, when the crane operated by Stemmer Construction collapsed at the Brooklyn Tower Project on St. Paul Street.
Two of those killed were the sons of Stemmer Construction owner Wolfram Stemmer, 28-year-old father of two Patrick Stemmer, and 32-year-old Eric Stemmer, a father of three.
Jaydean Rose Braham, the widow of construction worker Cailen Daniel Vilness, is also suing Liebherr-Canada. Vilness was 23 years old when he died.
READ MORE: Two years and still no answers in deadly Kelowna crane collapse
The widows all claim that Liebherr-Canada is negligent, and claim in court documents that a "dangerous defect" led to the incident that killed their loved ones.
In their separate Notice of Claims, the widows state that as a result of the accident they've been deprived of their husbands' "love, guidance, care, services, training, and financial support." They are all suing for undisclosed damages.
Their legal action is in contrast to the widow of Brad Zawislak, who was killed when the crane fell onto the office building he was working in.
Zawislak's wife, Helen Furuya, filed a claim against Stemmer Construction last month, and two unnamed companies, blaming Stemmer Construction, not the crane's manufacturer, for the fatal incident.
In the run-up to the two-year cut-off date for filing claims in BC courts, nine lawsuits have been launched against Stemmer Construction and the developer the Mission Group. One case involves 14 separate plaintiffs.
The various lawsuits give an insight into what happened during the fatal collapse.
One case filed by Shelby Austin Miller says he was sitting "a short distance" away when the crane crashed through his office and "narrowly missed" him and he saw his co-worker crushed.
Another case from lawyer Chris Fraser describes him being trapped under his desk and crawling through the rubble to safety.
Another talks of helping the crane operator who was still in the cage and was very badly injured.
While most point the blame at Stemmer Construction in their lawsuits, the Shuswap company has also filed in court pointing the blame at Liebherr-Canada saying the crane has "dangerous defect." In the court documents, Stemmer Construction doesn't specify what the "dangerous defect" is.
READ MORE: 'Dangerous defect': Construction firm in deadly Kelowna crane collapse suing manufacturer
In May, WorkSafeBC completed its investigation into the crane collapse but hasn't made its finding public, citing an ongoing criminal investigation by the RCMP.
Neither the lawyer for the widows nor Liebherr-Canada was immediately available for comment.
None of the allegations have been proven in court.
More coverage of the crane collapse can be found here.
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