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April 09, 2018 12:41 PM

Smoke Shop Sues For Negligence, Breach Of Contract

Sioux Falls, SD

KELOLAND Investigates first brought you the story of the owner of Eastwold Smoke Shop, who claimed the building his business was in should never have been torn down after the Copper Lounge Collapse. 

Now Eastwold is suing its landlord, the construction company and others for negligence and breach of contract. 

Tim Kant told us in December 2017, it was a violation of his lease to tear Eastwold down because he claims it was structurally sound after the collapse. 

Eastwold Smoke Shop's lawsuit contends that Hultgren Construction and its employees, who were doing the work on Copper Lounge, lacked experience, training and competence to perform the job in a reasonable and safe manner.

The lawsuit contends that the Limited Liability Corporations: Legacy Development and Consulting, Boomerang Investments, CLP Investments and Olympia Real Estate Holdings should all have known that Hultgren wasn't qualified and that they themselves didn't have the experience, training and competence to manage and oversee Hultgren's work.  

The lawsuit also says RISE was the structural engineer for the project and didn't warn Eastwold of the dangers of the demolition. 

As KELOLAND Investigates reported shortly after the collapse in December of 2016,Kant had warned the construction company and even the City about cracks in the wall.  

The lawsuit claims the defendants didn't take any action to investigate the cracks or do anything about them. 

Eastwold says it is also concerned about its owner, employees and customers being exposed to asbestos due to the improper and illegal removal of it by those named in the lawsuit. 

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