Harrowing details of Kelowna crane collapse revealed in new lawsuits

Five more lawsuits have been filed against a developer and construction company over the crane collapse that killed five people in Kelowna, B.C., two years ago.

The people behind the lawsuits range from a victim's colleagues to a nearby business owner, but all claim the crane came crashing down on July 12, 2021, because the Mission Group and Stemmer Construction were negligent.

"The injuries, loss and damage have caused and will continue to permanently cause the plaintiff pain, suffering [and] loss of enjoyment of life," said one of the claims filed in B.C. Supreme Court.

The number of lawsuits against the construction company now sits at six, as the new plaintiffs join a woman who lost her husband in trying to claim civil damages as they wait for answers from ongoing criminal and workplace investigations. 

Neither the developer nor the construction company had responded to any of the claims as of mid-July.

Colleague describes searching for victim

The crane collapsed at the Brooklyn residential tower construction site on St. Paul Street in downtown Kelowna around 11:30 a.m., crashing into a neighbouring office tower.

Construction workers Cailen Vilness and Jared Zook were among those killed in the collapse, as were brothers Eric and Patrick Stemmer. The brothers worked for the family business, Stemmer Construction, which had a contract to operate the crane.

Brad Zawislak, 43, was buried by rubble when the crane smashed into the office where he worked with Protech Consulting. His body was found two days later.

One of the lawsuits this week came from a colleague sitting "a short distance" away from Zawislak when the crane fell. 

Shelby Miller said the crane missed him, but falling debris left him with cuts and "significant" bruising.

"[Miller] was left in a state of severe shock as a result of witnessing his co-worker crushed by the collapsing crane and nearly being hit himself," the claim read.

Another colleague who tried to rescue Zawislak is also suing.

Grant Maddock said he was looking out the window from his office when he saw three workers running for safety before the crane came down with an "enormous crash."

"He ran down the hall to his office to find the crane operator's cage resting in the place where one of his employees, Brad Zawislak, had been sitting at his desk working," the claim read.

"[Maddock] panicked and searched to find Brad but could not see him anywhere."

The lawsuit said Maddock then realized the crane operator was still in the cage and rescued the "badly injured" man, finding towels to stop his bleeding. He then searched again for Zawislak but could not find him.

"[Maddock] later learned that Brad had died when he had been crushed by the crane operator cage, which collapsed onto Brad and pushed him through the floor and into the office on the lower floor," the claim says.

Lawyer on lower floor describes aftermath

In his own claim this week, lawyer Chris Fraser said he escaped the rubble after nearly being hit by the crane in his office directly below Zawislak's.

The claim said he went back to collect some paperwork from his desk a few days later and found what he later learned to be Zawislak's shoe on his desk.

"He could also smell the terrible smell of what he believed to be the deceased individual from the office above his office," it said.

Miller, Maddock and Fraser said they were left with post-traumatic stress disorder after the collapse.

A woman who ran a beauty salon in the same office building filed the third lawsuit, claiming she was forced to close her storefront and work from home because the collapse left the building unsafe. In a fifth claim, the Carmel Housing Society said it had to do emergency renovations to its condo building behind the office tower.

RCMP have said the crane was in the process of being dismantled when something "catastrophic" happened around 10:45 a.m.

Mounties and WorkSafeBC launched parallel investigations but have released little information to the public.

In a joint update this spring, RCMP said investigators were still determining whether any crimes were committed.

WorkSafeBC said its investigation is complete but the agency has not publicly released its findings under an agreement with police.