A Sioux Falls woman that was injured during the collapse of the Copper Lounge building in 2016 has lost the lawsuit she was filing against the city.

KSFY TV is reporting that a judge has dismissed a lawsuit against the city of Sioux Falls that involved the collapse of the building that played home to the Copper Lounge and the apartment she and her family were living in at the time.

The KSFY report states that Emily Fodness and her family sued the city of Sioux Falls, claiming the city should be held responsible for the injuries she sustained during the collapse of the downtown building on the morning of December 2, 2016.

After the collapse, Fodness laid in the rubble buried alive that day in frigid cold temperatures for nearly three hours, before firefighters were able to rescue her and her family's dogs.

According to KSFY, court documents in the case show the ruling to dismiss in favor of the city came after the court made the determination the city's issuance of a building permit to Hultgren Construction did not create a duty of care to support a negligence claim. Therefore, the plaintiffs cannot establish the city owed them a special duty of care.

At the time of the collapse, Hultgren Construction was contracted out to make renovations to the downtown Sioux Falls building.

Source: KSFY TV

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