Judge: Salvation Army officials must talk for lawsuit
The nonprofit is accused of bearing responsibility for building collapse that killed six and injured 13 last year
The Salvation Army's attempt to shield five employees from being questioned by attorneys who are suing the nonprofit over last year's fatal Market Street building collapse was rejected by a judge Thursday morning.
Common Pleas Judge Mark Bernstein ruled that the Salvation Army cannot invoke Fifth Amendment privilege for the five and ordered that they be produced for depositions between Oct. 21 and Dec. 1.
The decision was praised by attorneys for the victims and relatives of those who were killed or injured when part of a building being demolished fell on top of a Salvation Army store at 22nd and Market streets, June 5, 2013.
Six people were killed and 13 injured, including a man who has since died.
The lawsuit claims that the Salvation Army had been warned that its building was not safe and that the demolition of the adjacent property made keeping the store open more precarious.
"On behalf of the estates of Roseline Conteh, Mary Lea Simpson, and the deceased and those severely injured by the worst building collapse in the history of Philadelphia, we are pleased with Judge Bernstein's Order," said attorney Steven Wigrizer.
"I look forward to the opportunity to ask the hard questions that need to be answered so as to fully understand the Salvation Army's thought process. We deserve answers as to why the Salvation Army, with knowledge of ongoing demolition, failed to disclose the existence of significant risk to its employees and patrons," Wigrizer added.
A reporter's call to Jack Snyder, Salvation Army's attorney, was not returned. During a hearing before Judge Bernstein on Wednesday he argued that the five officials should not be forced to answer deposition questions while the criminal investigation into the collapse is still ongoing.
The Salvation Army officials who were ordered to participate in depositions are: John Cranford, the Philadelphia administrator; Charles Deitrick, the general secretary based in New York; Alistair Fraser, the engineer and architect based in New York; Ralph Pomponi, the Philadelphia district supervisor; and Tim Raines, the New York-based marketing manager.
In addition, six other Salvation Army officials will have depositions between Jan. 7 and Jan. 22, according to Bernstein's order.
The Salvation Army does not object to those six being questioned by plaintiffs' attorneys, Snyder said.