SIOUX FALLS, S.D. (KELO) — The South Dakota Supreme Court has ruled that one of Sioux Falls families involved in the downtown building collapse four years ago will not get any money from the city.
The family we are talking about is the Fodness family. They sued the city alleging one count of negligence and sought compensation for their physical and emotional injuries.
Their daughter Emily Fodness was buried beneath the rubble for several hours and received serious injuries. But despite that, the high court says the Fodness family is not owed any money by the city.
Justices say the Fodness Family failed to show how the city government owed them a special duty when the building they were living in collapsed during a renovation project.
Justice Janine Kern wrote in the Supreme Court’s decision that the circuit court was not wrong when it dismissed the family’s lawsuit.
The city had issued a building permit to Hultgren Construction, which began demolition work at the site.
On December 2nd, 2016 construction workers demolished certain portions of a load-bearing wall that caused the building to collapse.
Emily Fodness was trapped in the rubble for several hours and suffered extensive injuries.
KELOLAND News sat down for an exclusive interview with Emily a few weeks after her rescue.
She talked about her fears and how she was holding out hope firefighters would be able to find her while talking to her on her cell phone.
She told KELOLAND News she tried to remain calm and repeatedly yelled for help as rescue crews tried pinpointing her location under all the debris. She said minutes seemed like hours.
“They still couldn’t hear me and this is probably an hour and half into it and I just broke down and cried and thought, ‘Am I going to die here?'” Fodness said in the 2016 interview.
In their lawsuit, the Fodness family contended the City was aware of the dangers and risks they were put in and exposed to when the City issued the permit.
But in March of last year, a circuit court dismissed the lawsuit because the complaint failed to allege sufficient facts to establish that the City owed the Fodnesses a special duty of care and today the high court agreed.
Hultgren Construction worker Ethan McMahon died in the collapse.
Hultgren Construction was named in four separate lawsuits and in August of last year, there was a multi-million dollar settlement to be shared between the two families.
Read the Supreme Court’s decision below.