Family of Student Killed in Seattle Crane Collapse Recovers $54.15 Million
After trial: The jury set the damages for Sarah Wong's death at more than $72 million, but Washington's liability rule under RCW 4.22.070(1)(b) made the two trial defendants, Northwest Tower Crane Service and Omega Morgan Sarens, jointly and severally liable only for the 75 percent of the fault the jury assigned them. Morrow Equipment carried the remaining 25 percent but had settled before trial and was not a judgment defendant, and the families said they intended to pursue it separately. That left the Wong family's recovery under the judgment at $54.15 million, which is the figure ranked here. Omega Morgan appealed on four grounds: exclusion of alleged settlement-related evidence, a jury instruction on duty, an expert's testimony, and denial of a new trial over closing-argument conduct. The Court of Appeals of Washington, Division One, affirmed in unpublished opinion No. 83907-1-I in 2023, holding that one improper remark by Wong's counsel in closing was not prejudicial and was cured by the jury instructions. No further appeal to the Washington Supreme Court appears in public records. Whether the judgment has been paid, and whether any separate recovery from Morrow Equipment followed, has not been reported.
A tower crane being disassembled in Seattle's South Lake Union neighborhood collapsed onto a city street in high wind on April 27, 2019, crushing an Uber carrying 19-year-old Seattle Pacific University student Sarah Wong and killing her. A King County jury found Northwest Tower Crane Service 45 percent at fault and Omega Morgan Sarens 30 percent at fault, and set the damages for Wong's death at more than $72 million as part of a verdict topping $150 million for five victims of the collapse. Because the remaining 25 percent of the fault went to Morrow Equipment, which had settled and was not a trial defendant, the two trial defendants were jointly and severally liable only for their combined 75 percent share, which left the Wong family $54.15 million under the judgment. Todd Gardner represented the Wong family at trial. Omega Morgan appealed on four grounds, and the Washington Court of Appeals affirmed in 2023.
What happened
A 300-foot tower crane was being taken down atop a building under construction in Seattle's South Lake Union neighborhood on the morning of April 27, 2019. The disassembly plan called for a mobile crane to lower the tower crane's pieces to the ground in sixteen separate lifts, and it required shortening the mobile crane's main boom from 179 feet to 147 feet before the ninth lift, the single biggest lift of the job. Omega Morgan Sarens, the company operating the mobile crane, attempted that lift without shortening the boom. The mobile crane could not hoist the load, and while its operator unhooked and worked to reconfigure it, ironworkers from Northwest Tower Crane Service kept removing the pins that held the tower crane's sections together. By the time the mobile crane was ready again, roughly half an hour later, the wind had climbed past the limit for the work. Destabilized and unsupported, the tower crane toppled onto the street below.
The falling crane crushed cars on Mercer Street. Sarah Pantip Wong, a 19-year-old freshman at Seattle Pacific University, was riding in an Uber when a piece of the crane struck it, killing her at the scene. Alan Justad, a 71-year-old retired Seattle city planner, died in his own vehicle when the same part fell on it. Two ironworkers riding the crane, Travis Corbet and Andrew Yoder, fell to their deaths. Wong's friend and fellow passenger Brittany Cadelina and the Uber driver, Ali Edriss, were injured, as was another driver, Sally Beaven, whose car was struck by a separate piece of the crane.
Wong's parents, as co-personal representatives of her estate, joined Justad's family and the injured survivors in suing the companies involved in the disassembly, and the cases were consolidated. General contractor GLY Construction, crane owner Morrow Equipment, and crane-operator supplier Seaburg Construction settled before trial and were not defendants at trial. Northwest Tower Crane and Omega Morgan went to trial in King County Superior Court. After a trial that ran several weeks, the jury returned its verdict on March 14, 2022. It found GLY Construction, Morrow Equipment, Northwest Tower Crane and Omega Morgan negligent, found that the negligence of the last three caused the deaths and injuries, and set total damages at just over $150 million. The jury apportioned 45 percent of the fault to Northwest Tower Crane, 30 percent to Omega Morgan, and 25 percent to Morrow Equipment, which was not a defendant at trial.
The jury put the damages for Wong's death at more than $72 million. Washington law makes defendants who caused a blameless plaintiff's injuries jointly and severally liable, but only for the share of the fault the jury assigns to them. Because Northwest Tower Crane and Omega Morgan together carried 75 percent of the fault, they were on the hook for 75 percent of the damages, which left Wong's estate, her parents and her sibling with $54.15 million under the judgment. Todd Gardner, who represented the Wong family at trial, told reporters afterward that Northwest Tower Crane pulled too many pins too fast and that Omega Morgan kept working despite the winds, and that had either company done its job the collapse would not have happened. Lead trial counsel for the consolidated plaintiffs said the families intended to pursue Morrow Equipment separately for its share, since Morrow had settled and was not a judgment defendant.
Omega Morgan appealed, raising four arguments: that the trial court wrongly excluded evidence it said showed a collusive settlement arrangement between the plaintiffs and Northwest Tower Crane, that the court gave an erroneous jury instruction on which entities owed a duty of care, that the court let an expert witness testify to a legal conclusion, and that the court should have granted a new trial over misconduct in closing argument. The Washington Court of Appeals, Division One, affirmed in an unpublished 2023 opinion. On the last point the court agreed that one remark by Wong's counsel in closing was improper, but it held the remark was neither prejudicial nor uncured by the jury instructions, noting that the jury had in fact apportioned 25 percent of the negligence to a nonparty. No further appeal to the Washington Supreme Court has surfaced in public records.
Sources
This account is drawn from contemporaneous public reporting and the court record.
- 1.Associated Press via NBC News, March 15, 2022: names Todd Gardner as the attorney for Sarah Wong's family and quotes him on the causes of the collapse; reports the Wong family's $54 million share under the verdict, the 75 percent of fault carried by the two trial defendants, and the 25 percent assigned to nonparty Morrow Equipment.
- 2.ABC News (Nadine El-Bawab), March 15, 2022: reports the precise figure for Sarah Wong's estate, her parents and her sibling, $54.15 million combined, and the 45/30/25 percent fault split among Northwest Tower Crane, Omega Morgan and nonparty Morrow Equipment.
- 3.Washington Court of Appeals, Division One, unpublished opinion No. 83907-1-I (2023), Justad v. Omega Morgan Sarens: confirms the caption and parties, the April 27, 2019 collapse and its cause (the ninth critical lift attempted without shortening the boom from 179 to 147 feet, pins pulled while the mobile crane was unhooked, rising wind), the deaths and injuries, the verdict just over $150 million, the fault apportionment, the joint and several liability rule of RCW 4.22.070(1)(b), and the affirmance rejecting Omega's four assignments of error.
- 4.KIRO 7 News (staff), March 14, 2022: independently confirms the verdict topping $150 million for five victims and reports the jury's damages figure for Sarah Wong's death at more than $72 million, the pre-apportionment number behind the $54.15 million judgment share.
- 5.Engineering News-Record (Richard Korman), March 22, 2022: trade-press breakdown of how the jury divided the damages, confirming 45 percent fault to Northwest Tower Crane, 30 percent to Omega Morgan, 25 percent to nonparty Morrow Equipment, and GLY Construction negligent but assigned none.
- 6.Construction Dive (Joe Bousquin), March 2022: independent trade coverage confirming the Google construction-site setting and the verdict, and quoting lead plaintiffs' counsel David Beninger that the share apportioned to nonparty Morrow Equipment would be pursued separately.
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