UFC Fighter Files First Lawsuit Related to Deadly Crane Collapse

Macy Chiasson is tough. You have to be to be a UFC fighter, especially a The Ultimate Fighter winner. Her lawyer, Jason Friedman, said that toughness is what led her to file the first suit related to the deadly crane collapse Sunday at the Elan City Lights apartment building.

After all, some might question why Chaisson — whose only physical injury was a cut foot that will keep her out of the ring for a brief duration while it heals — would file suit at all. Friedman said she lost quite a bit — but she also wanted to make sure those fellow tenants who might file suit next had the benefit of locking down key evidence — which will happen as part of her suit.

“She’s a tough woman, but some people don’t know what to do,” Friedman said. “She feels like she needs to lead by example, and that they (the crane operator and Elan parent company Greystar, who are named in the suit) need to be held accountable.”

Chaisson lost everything in the aftermath, her hard-won TUF trophy, UFC memorabilia, her gear, a camera that survived Hurricane Katrina, and her grandfather’s World War II memorabilia.

She also lost her car, even her driver’s license and other basic necessities. She got out with the clothes on her back, Friedman said, and her dog.

She ran out of the building, traversing glass and debris to get to safety. In the course of her evacuation, she cut her foot.

“She could see a woman covered in blood, yelling for help on her balcony — there was no apartment left behind her,” Friedman said of his client’s experience. “And you know, she’s tough — if she could’ve gotten to her, I’m pretty sure she would’ve.”

Her harrowing experience was detailed more in the suit:

“Chiasson immediately, looked outside her window and all she could see was black smoke, glass breaking, cement and cars falling. Chiasson immediately grabbed her phone, shoes and whistled for her dog all while she could hear the crane now ripping through her apartment building floor by floor. Chiasson ran out barefoot, into the hall where alarms were blaring and fire doors were closing. As the chaos ensued she managed to run outside with her dog, phone and a pair of shoes which are the only possessions she still has. As she made it outside, she put her shoes on as her foot was in pain, she realized she had been cut by the glass she ran over as she fled for her safety. Chiasson looked up and the apartment manager, was signaling people into the apartment lobby; however, she noticed the ceiling cracking and water starting to come through so she grabbed her dog and ran another two blocks to safety.”

The collapse left more than 500 residents displaced, sent five to the hospital with injuries, and killed Kiersten Smith.

The building, Greystar said, is a complete loss and will be razed.

Greystar has offered residents the opportunity to move to any of their properties with all the fees waived, Friedman said, and has also credited everyone for their June rent, will return deposits, and provided a $500 stipend.

But he (and Chaisson) said that’s not enough, and he thinks other residents probably feel the same.

“I assume a lot of people are going to sue,” he said.

Smith’s family has retained legal representation, and has indicated that there could potentially be a suit as well, but has not yet filed anything.

“Our family has hired Jonathan Cox and Troy Pradia of The Cox Pradia Law Firm as legal counsel to assist us as we seek justice in this matter,” the family said in a statement earlier this week.

Friedman said that Chaisson’s suit was strategic. “Who’s gonna secure the evidence?” he asked. “This suit makes sure that all of that is secured and protected so that everyone who wants justice will have access to it.”

The suit seeks more than $1 million in damages, and names Elan City Lights, the Gabriella Tower owners, and Bigge Crane and Rigging Co. as defendants.

Friedman said that he questions Bigge’s safety record, pointing out that other cranes in Deep Ellum (which is seeing a bit of a multifamily construction boom) withstood the storm Sunday.

“Despite also touting the fact that safety is their most important core value, Bigge has been fined $154,525 for 14 Occupational Safety and Health Administration (“OSHA”) violations during the past ten (10) years,” the suit explained. “As recently as 2013, in an incident that occurred in Arkansas OSHA found that Bigge’s crane contributed to hazards that caused the fatal collapse.”

Are 14 violations an inordinate amount for the time frame?

“You know, I don’t know,” Friedman said. “But I know it’s more than enough for me to go, ‘You know, maybe I should hire another crane company.’”

The suit alleges that Bigge failed to “exercise reasonable care in the maintaining of the crane,” and that Greystar failed to make sure that Bigge did so.

Chaisson Elan Suit by Bethany Erickson on Scribd