$103 Million Settlement Approved Over FIU Bridge Collapse
"I think this is a textbook example of all the good that can be accomplished in Chapter 11," said Berger Singerman partner Jordi Guso, who represents the contractor that filed for bankruptcy after its bridge collapsed near Florida International University's Sweetwater campus.
December 13, 2019 at 02:34 PM
4 minute read
Victims of the collapse of a 174-foot pedestrian bridge near Florida International University's Sweetwater campus in March 2018 are on course to receive a $103 million settlement after U.S. Bankruptcy Judge A. Jay Cristol approved a reorganization plan for general contractor Magnum Construction Management on Friday.
Formerly known as Munilla Construction Management, the company filed for Chapter 11 bankruptcy protection in March. The reorganization plan includes the settlement, which will be distributed in January, provided it survives as anticipated during an appeal window ending Dec. 28.
Six people died and and 10 were injured when 950 tons of concrete and metal collapsed onto a state road, Southwest Eighth Street. It resulted in litigation over alleged design flaws and other errors, which will be resolved under the reorganization plan.
Related story: 'They've All Got to Be Sweating Tacks': Attorneys Discuss Liability Over FIU Bridge Collapse
'Not a typical bankruptcy'
Jordi Guso of Berger Singerman in Miami represents debtor MCM and called this a bankruptcy case like no other.
"This is not a typical bankruptcy case where you deal with inventory and equipment," Guso said. "We're dealing with human capital here, unfortunately, because of the loss of life and the injuries that were sustained following the bridge collapse. Clearly, that is a unique and challenging dynamic, one which you don't typically see in commercial bankruptcy cases or restructuring matters."
The plan follows an earlier settlement between MCM and its insurer, which agreed to pay $42 million to victims and their families.
"No matter how much money we could pull together, it never would be enough to fill the hole for someone who's lost a loved one, or who's had a loved one seriously injured by the bridge collapse," Guso said. "That said, I think that this proceeding presents an equitable and efficient resolution of the claims, and hopefully it is a first big step in the healing process."
Guso said the case was particularly tough because of the sheer number of parties involved in negotiations—from MCM's creditors, to plaintiffs who had filed claims, to FIU, its insurer and all other defendants and their insurers.
"One element of the negotiation with one party often had impacts on others, so that was a bit of a challenging dynamic," Guso said.
To Guso, the plan exemplifies the fresh start Chapter 11 aims to provide for troubled companies like MCM, a family business founded more than 35 years ago that once employed more than 1,000 people.
"I think this is a textbook example of all the good that can be accomplished in Chapter 11," Guso said.
Counsel to the creditors Kristopher E. Aungst, partner at Wargo French in Miami, described the plan as a "win all around," noting it wasn't easy to find a resolution that benefited separate groups that were either physically or financially impacted by the accident.
"It was a huge undertaking to get this done," Aungst said. "The committee is extremely gratified that there was a plan worked out that will allow the victims to receive money that's necessary for their lives and their families as soon as possible, and that's also going to have a good return to other creditors in the case, and allow an important business and longstanding family business in Miami to continue to employ people locally."
Retired Florida Supreme Court Justice R. Fred Lewis oversaw an analysis of how the settlement will be distributed, but that information is confidential.
Read the order:
Read more:
NTSB: Oversight Could Have Prevented Miami Bridge Collapse
Federal Judge Blocks Releasing Records on FIU Bridge Collapse
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllCole, Scott & Kissane Keeps Transitioning More Resources Into Construction As Tort Reform Changes Loom
4 minute readMiami Attorney Secures Major Arbitration Win for Malcolm Drilling in $15M Dispute
$2.3M in Legal Fees Sought After Long South Florida Feud Over $127K
Miami Hospital Deadly Crane Crash Lands in Florida Court
Law Firms Mentioned
Trending Stories
- 1Amid the Tragedy of the L.A. Fires, a Lesson on the Value of Good Neighbors
- 2Democracy in Focus: New York State Court of Appeals Year in Review
- 3In Vape Case, A Debate Over Forum Shopping
- 4SDNY Criminal Division Deputy Chief Returns to Debevoise
- 5Brownstein Adds Former Interior Secretary, Offering 'Strategic Counsel' During New Trump Term
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250