BERKELEY, Calif. _ A partial settlement has been reached in the deadly balcony collapse that killed six young people and injured seven others in Berkeley.
The settlement, the sum of which is confidential, was reached between injured victims and the families of the dead, mostly from Ireland, and those responsible for construction work on the Library Gardens apartment complex on Kittredge Street, according to the law firm representing victims.
"This settlement will never restore health or life but reflects an element of justice from the wrongdoers for the deaths and serious injuries caused by the tragedy," attorney Matthew Davis said. "The litigation continues to proceed against other defendants including the apartment complex's corporate owner and property manager."
Five Irish nationals visiting Berkeley for the summer died in the collapse along with a woman from Northern California's Sonoma County. Olivia Burke, 21; Eoghan Culligan, 21; Niccolai Schuster, 21; Lorcan Miller, 21; and Eimear Walsh, 21, were from Ireland. The other victim was Ashley Donohoe, 22, of Rohnert Park.
They and others attending a party had crowded on a small, fifth-floor balcony overlooking Kittredge Street on June 16, 2015, shortly after midnight. The deck suddenly tore away from the building, throwing people to the street below.
Last month, the California State Contractor's Licensing Board revoked the general contracting license of Segue Construction of Pleasanton, determining it had willfully ignored building plans.
Segue agreed to the terms in a settlement with the state, the agency announced Friday. The company was accused of using cheaper, weaker material on the balcony than plans specified during construction from 2005 to 2007. That material became waterlogged after a sub-subcontractor failed to install a membrane to keep out moisture. Segue's attorney did not immediately respond to a request for comment.
Alameda County District Attorney Nancy O'Malley opted to not file criminal charges in the deaths. In the wake of the deaths, state lawmakers passed a law requiring the Division of Occupational Safety and Health and the state licensing board to share information about citations or other actions taken against a contractor.
The original bill would have required contractors to disclose details of any previous out of court settlements paid by their company, but that provision was killed under pressure from the construction lobby.
"Although there may be a partial settlement in the Berkeley balcony collapse cases, the Donohoe family will continue to push for legislative changes to the building codes and related to establishing a reporting requirement to the contractors licensing board for contractors who settle claims related to poor construction work," said attorney Eustace de St. Phalle. "The Donohoe family does not want negligent contractors to be able to hide the settlements of claims related faulty construction through the use of secret settlements. It is necessary that this information be provided to the contractors licensing board so that they can properly regulate the construction industry."
A trial date has been set for early next year.
