A man who fell three stories from a Port Royal balcony in February filed a lawsuit Wednesday claiming that the building's contractor, engineer, architect and landlord were negligent by allowing the accident to occur.
On Feb. 12, Donald Witfield, 72, of Montgomery, N.Y., fell 22 feet after the balcony of a Paris Avenue townhouse collapsed under him.
The home Witfield was renting is part of four connecting units called Jefferson Commons that were built in 2006 by Keever Construction in Port Royal.
The lawsuit was filed in the Beaufort County Court of Common Pleas against the general contractor, Jeff Keever and Jeff Keever Construction Inc.; engineer Ronald G. Sprovero and CEMS Engineering Inc.; architect Tom Michaels and the architectural firm that designed the building, Architectonic Inc.; and the home's owners, Timothy and Elaine Tantillo of New Jersey.
Witfield and Edda Rechtorovic, his girlfriend, are seeking actual and punitive damages "in an amount to be determined by (the court)," according to the lawsuit.
Damages listed in the suit include pain and suffering, personal injuries, medical expenses, a "loss of enjoyment of life," changes in body, lost wages and property damage.
Michaels, the Tantillos and Keever could not be reached for comment Wednesday. Sprovero said he did not want to comment because he had not received a summons.
The 21-page lawsuit claims:
Witfield was transported to Beaufort Memorial Hospital with "multiple orthopedic fractures and other serious injuries" and was later transferred to the intensive care unit at Medical University of South Carolina in Charleston.
He later was taken to Roper St. Francis Rehabilitation Hospital to undergo physical therapy and to be "re-taught how to walk," the lawsuit states.
The lawsuit lists several injuries Witfield suffered in the fall, including fractured vertebra, a right rib fracture, a hip socket fracture, a fracture of facial bones in the sinus cavity and a blockage in a lung artery.
The argument for negligence in the filing cites construction plans that Witfield's lawyer claims did not provide detail on how the balcony was connected to the building.
"Despite these facts, defendant Keever made the choice to disregard the lack of necessary specificity … and continued construction of the balcony without any architectural or engineering approval whatsoever," the lawsuit states.
The lawsuit also claims Michaels knew or should have known "the plans were defective and that significant and substantial changes were necessary in order to make the plans safe."
Sprovero's decision to place his engineer's seal and stamp on the architectural plans was "inappropriate, abnormal and below the applicable standard of care," the lawsuit states. It also goes on to say the Tantillos conducted an inspection in 2007 that found "numerous deficiencies in construction" but did not inform tenants.
The lawsuit requests a jury trial.
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