Atlanta Botanical Garden accident settles for $15 million

Settlements totaling more than $15 million have been reached over the collapse of an elevated platform at the Atlanta Botanical Garden complex that killed one construction worker and injured others, a lawyer for the workers said Tuesday.

"The workers and their families are satisfied and they are glad it's behind them," Atlanta lawyer Peter Law said. "This should help cover their medical expenses, lost wages and damages that they've suffered."

The scaffolding for the Canopy Walk collapsed in December 2008. Construction workers fell as much as 40 feet to the ground. Worker Angel Chupin, 56, was killed and 18 workers were hurt, some with brain and spinal injuries.

The settlement resolves suits filed by Chupin's estate and 15 other construction workers, Law said. The Canopy Walk, which travels through the trees, opened in May 2010.

The lawsuits were filed against the Botanical Garden and seven construction companies: Williams Erection Co., Steelfab Inc, Southeast Access, Shore All Corp., Atlas Piers of Atlanta, Halvorson & Partners and LBYD Inc.

Two lawyers, Scott Masterson and Grant Smith, who represented companies in the litigation could not be reached for comment Tuesday.

Lawsuits filed by the workers contended the companies did not properly construct and anchor the temporary scaffolding for the elevated walkway.

Law said the Botanical Garden "had hired reputable contractors and was covered by their insurance. The garden left it to the contractors and subcontractors to appropriately build the Canopy Walk bridge."

Botanical Garden executive director Mary Pat Matheson said Tuesday she could not confirm the terms of the settlement. "It was a very tragic event for the garden, for all the families involved and for all the men who were injured," she said. "We are glad it is close to being all behind us."

Chupin was survived by his widow, Eucebia Lopez Carbajal and his 11 children. Carbajal has returned to her native Mexico and several of the children still live in Atlanta, Law said.