Walkup's $20 Million Partial Settlement for the Berkeley Balcony Collapse Families

On June 16, 2015, about a dozen young people stepped out onto an apartment balcony at the Library Gardens complex at 2020 Kittredge Street in Berkeley during a 21st birthday celebration. The balcony sheared away from the building and fell to the sidewalk below. Six people died and seven were seriously hurt. Five of those killed were Irish students, all 21, spending the summer in California on J-1 work visas. The sixth was a 22-year-old woman from Rohnert Park who held dual American and Irish citizenship.

Investigators found that the cantilevered wooden joists holding up the balcony had rotted through from water that had worked its way into the structure. The building was only about eight years old. Lawsuits filed by the families alleged that the contractor used materials and waterproofing that could not keep moisture out, and that clear warning signs had been ignored, including mushrooms that had sprouted on the balcony surface before it gave way.

Matthew Davis of Walkup, Melodia, Kelly & Schoenberger represented the families of five of the students who died and seven survivors, several of whom suffered head trauma, spinal injuries, and permanent disability. The family of the woman from Rohnert Park retained separate counsel. The defendants included Segue Construction, which built the complex, along with subcontractors and design firms, plus the building's owner, BlackRock Realty Advisors, and its property manager, Greystar.

The families' case rested on construction and maintenance records showing that the balcony had been built, and then left in service, in a way that let water reach the wooden supports and stay there. After the collapse, state regulators revoked Segue's contractor license.

In May 2017, Davis and co-counsel announced a partial settlement of more than $20 million resolving the families' claims against several of the companies responsible for building the balcony. The exact figure was kept confidential. The claims against BlackRock and Greystar continued toward a trial set for early 2018, and those were resolved separately later in 2017, also on confidential terms. "This settlement will never restore health or life," Davis said, "but reflects an element of justice from the wrongdoers for the deaths and serious injuries caused by the tragedy."

As part of the resolution, the building's owner and manager agreed to inspect the balconies on their properties on a regular schedule.