Trial begins in deadly Dallas crane collapse

Kiersten Smith was at her mother’s house, showing off her wedding dress. It was a Saturday night in June 2019, and her wedding was scheduled for September.

As Smith left, the two women said, “See you later.” It turned out to be goodbye.

Smith, 29, was killed when a crane toppled into the Elan City Lights apartment building during a storm on the afternoon of June 9, 2019. The collapse injured five others and left hundreds without a home.

Smith’s parents are suing the real estate company and crane provider in a trial that began Wednesday in a Dallas courtroom. The trial is expected to last two to three weeks.

Several former residents also filed a lawsuit, and Smith’s parents are the first plaintiffs to go to trial.

The lawsuit named as defendants: Greystar, the company that owned Elan City Lights and The Gabriella, the unfinished apartment complex across the street where the fallen crane had stood; and Bigge Crane and Rigging, the company that leased Greystar the crane and supplied its operator.

Full brunt of wind

Jason Itkin, who represents Smith’s mother and father, said the crane was not “weathervaned” and, therefore, took the full brunt of the wind that day. Weathervaning allows cranes to move with the wind instead of fighting against it.

Dana Fox, a lawyer for Greystar, told jurors the individual crane operator failed to weathervane the crane before he left the site the day before. But Fox argued the operator was an employee of Bigge. Fox called the incident a “tragedy.”

Clayton Callen, an attorney for Bigge, said the company was not responsible for operating or supervising the crane, though it leased the crane and provided the individual operator to Greystar.

“This was not Bigge’s construction site, and this was not Bigge’s project,” said Callen, who offered condolences for Smith’s death.

Smith’s mother, Michele Williams, is expected to testify but did not attend the first day of trial, Itkin said.

Storm gusts

Bigge has blamed high winds for the crane collapse. The crane should have been able to withstand wind up to 95 mph, according to manufacturer’s specifications that were on Bigge’s website. The National Weather Service recorded storm gusts up to 71 mph the day of the collapse.

The Occupational Safety and Health Administration fined Bigge $26,520 for violations including rusted bolts, but experts said those violations did not explain the collapse. OSHA records indicate Bigge settled for $13,260.

The lawsuit alleged that the defendants were “negligent” by violating local, state and federal laws or regulations and for failing to properly install, maintain, test and inspect the crane, and hire competent employees, among other acts.

The lawsuit sought punitive damages and said the defendants “acted with flagrant and malicious disregard of Plaintiffs’ and others’ health and safety,” along with damages for severe injuries resulting in physical pain, mental anguish, disfigurement and other medical problems, the loss of past and future earnings and expenses related to injuries.

According to the lawsuit, Smith was severely injured “as a direct and proximate result” of the defendants’ conduct and died. Michele Williams “lost her beloved daughter,” the lawsuit said.

On the day the crane collapsed, Smith and her fiancé planned to enjoy a lazy day. They were cooking when suddenly the room became dark, the air seemed heavy and her fiancé felt a falling sensation, according to Itkin, the lawyer for Smith’s parents.

Smith’s fiancé emerged from the rubble and tried to find her. After Smith was found, she was taken to a hospital where she was pronounced dead. Her fiancé delivered the news to Smith’s mom, Itkin said.

“Instead of planning a wedding, [Smith’s parents] were planning a funeral,” Itkin said.