A company facing three lawsuits regarding the collapse of the former Copper Lounge building in Downtown Sioux Falls will not be able to move their trial to another city. A judge has denied a motion by Legacy Development and Consulting to move the trial to Aberdeen South Dakota.

The collapse occurred in December 2016, killing a construction worker Ethan McMahon and trapping tenant Emily Fodness, in the rubble for hours. Businesses adjacent to the building were closed until the structural integrity could be confirmed.

Attorneys for Legacy voiced concerns to Judge Mark Salter that a fair trial could not occur in Sioux Falls. Salter denied the request.

Hultgren Construction LLC has received additional citations and fines from OSHA regarding the collapse.

OSHA states their findings that Hulgtren failed to provide instruction as to how to demolish a building by providing proper support while another wall was being taken down. Penalties of $101,400 have been proposed.

The Fodness lawsuit cites the families' exposure to asbestos during the time of demolition, citing an investigation that claims the improper removal of asbestos.


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