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Some Berkeley witnesses to sue over emotional injuries

Consultants acting for the building owners have carried out further tests on the balcony
Consultants acting for the building owners have carried out further tests on the balcony

The first hearings in the legal actions brought by the families and survivors of the Berkeley tragedy are scheduled to begin in a California court next Monday.

According to legal documents filed recently to the Superior Court of California, in Alameda County, it has also emerged that some of the young people who witnessed the balcony collapse intend to sue for damages for the emotional injuries suffered.

The lawyers representing all of the survivors and all but one of the bereaved families have asked that the cases be heard together during the preliminary legal stages, but to proceed separately to trial.

The papers show that the lawyers representing the California-based family of Ashley Donohoe - Rains Lucia Stern - are due to ask to have that case joined with the others too.

Lawyers at the Walkup, Melodia, Kelly, & Schoenberger firm have also said they expect that other students who were living in the apartment where the balcony collapsed to bring lawsuits themselves for the emotional injuries they suffered.

These were the other young people at the party on 16 June, who witnessed the balcony collapse and the injuries suffered by their friends, but did not suffer any physical injuries themselves.

Those lawsuits have not yet been filed.

The firm said it also expects that some of the 35 defendants in the case will seek to sue each other for damages as well.

The parents of the six young people who were killed have filed wrongful death lawsuits against the 35 companies, including the owners of the Library Gardens apartment complex, the developers, contractors, designers and materials suppliers.

The seven who were injured in the collapse have filed separate lawsuits for personal injuries.

The Office of the Alameda County District Attorney is continuing its criminal investigation into the collapse.

It carried out extensive forensic testing on the balcony from apartment 405, the one from the apartment underneath, and the apartments themselves in October.

More "destructive testing" was carried out by consultants acting for the building owners in the past two weeks, including as recently as last Friday.

The DA's office had been holding the balconies in a secure location, but has now returned the balcony remnants to the owners and says it no longer considers the apartments crime scenes.

The City of Berkeley authorities have ordered that repairs be carried out within 30 days.

The lawyers representing the families and survivors have also informed the court that they expect the legal proceedings to be lengthy and complex, with "numerous difficult and time-consuming pre-trial motions", "a large number of witnesses and a substantial amount of documentary evidence".

They have said they also expect complicated discussions relating to various insurance policies during the proceedings.

The first court appearance is scheduled to take place before Alameda County Superior Court Judge George Hernandez, in the courthouse in Oakland, California on Monday.