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Ongoing lawsuits following Davenport apartment collapse

As of June 28, there have been six lawsuits filed against Andrew Wold and his LLCs. Here's where they stand.

DAVENPORT, Iowa — Editor's Note: The video is from when survivors Peach and Lexus Berry filed their lawsuit on June 7. 

It has been one month since the building at 324 Main St. collapsed - killing three people and leaving others with life-altering injuries. May 28 is a date many will remember in Davenport and the fallout from the disaster is still being felt by the community. 

Many of the surviving residents, and family members of those who had passed, have filed lawsuits against the building owner, Andrew Wold, along with his LLCs Davenport Hotel LLC and Andrew Wold Investments LLC. City officials and other stakeholders have also been included in the lawsuits. 

News 8 compiled a list of every lawsuit filed thus far. 

Mildred Harrington and Rijeh Garnet

This lawsuit was filed five days after the initial collapse against the Davenport Hotel LLC, which Wold has direct involvement with.

The two plaintiffs, Harrington and Garnet, are suing the company for negligence. Harrington lived at the apartments and is suing over not receiving notification about the deteriorating conditions of the property. Garnet, who lived at a nearby complex, joined Harrington's suit for the emotional distress suffered after the collapse occurred. 

Dayna Feuerbach

Filed on June 5, this lawsuit is a comprehensive negligence suit against Wold and his adjoined companies - as well as Select Structural Engineering LLC, Bi-State Masonry Inc. and the City of Davenport.

Feuerbach was a resident at the former apartment complex and recounted her experience in the lawsuit.  

She "was struck in the head multiple times by falling drywall and other debris," according to the suit. The document also states that while Feuerbach was fleeing the building, she had inhaled the dust, asbestos and gas that was stirred up after the wall collapsed, leaving her with permanent damage to her lungs. 

Quanishia (Peach) Berry and Lexus Berry

One of the former tenants, Quanishia (Peach) Berry, sustained a life-altering injury after having her leg amputated in order to save her from the debris. In this suit filed on June 7, the couple described their experiences leading up to the collapse on May 28.

"Sensing something was wrong, Peach and Lexus Berry went to grab their cats and leave the apartment," the suit states. "But within a matter of seconds horror struck, as the building shook, the floor caved in, the ceiling fell, and the west side of the building, including their apartment, collapsed."

Amid the collapse, Peach fell through the floor - falling several stories into the rubble collecting below. According to the court documents, eight hours passed before first responders were able to save her from the building.

In total, 22 counts of negligence were filed against Wold, his associated companies and the Village Property Management LLC - along with the masonry and engineering firms who had performed work or evaluations on the property before the collapse.

The Berrys' lawyers have brought on a structural engineering firm to search for the catalyst behind why the building fell.

Jennifer Smith and Dionte McMath et. al.

The owners of 4th Street Nutrition, which was located on the first floor of the building, and four residents filed a lawsuit on June 9. The suit's defendants are Wold and his two LLCs, a former building inspector for the city and the City of Davenport.

The lawsuit alleges the defendants neglected to keep the building in proper living condition and keep its residents safe from potential and existing hazards.  

It indicates the LLC created for the Davenport apartments was meant to act as a legal shield for Wold, and “are shams created to perpetrate a fraud upon the public, the City of Davenport and all of its tenants by avoiding the legal consequences of failing to comply.” 

Court documents also outline issues with the former Davenport building inspector Trishna Pradhan, who “had a legal obligation to protect the public and tenants in the Davenport Hotel from hazardous nuisances by enforcing the applicable sections of Iowa code." The suit states that the City and Pradhan failed to do this. 

Since it is a class action lawsuit, the plaintiffs would be "representatives of and on behalf of all others similarly situated," or those who were tenants in the building at the time of the collapse. The plaintiffs petitioned for the class action to be certified and if done so by the court, it will maintain the class action aspect of the suit, according to Iowa's Rules of Civil Procedure.

Broc Nelson

Submitted on June 20, this lawsuit is against Wold and his adjoined companies as well as Select Structural Engineering LLC, Bi-State Masonry Inc. and the City of Davenport. 

Nelson, a resident of the apartment building, conveyed what he experienced during the time of the collapse. He luckily made it outside without physical injuries, but will continue to suffer from the dust and asbestos he inhaled during his escape. 

The court document outlines how Wold and the other companies that investigated the apartment were involved in negligent acts - putting the lives of residents at risk and ultimately dramatically changing the lives of residents. 

Estate of Branden Colvin Sr. and Noah Petersen et al. 

The most recent lawsuit filed on June 21 is in honor of Branden Colvin Sr., who was a resident of the Davenport apartments and was tragically killed from the collapse. The suit is filed against Wold and his adjoined companies, as well as Select Structural Engineering LLC, Bi-State Masonry Inc. and the City of Davenport for negligence. 

According to court documents, Colvin lived on the fifth floor of the apartment building. He was one of the residents who was buried under the debris and they speculate Colvin died in the days following the disaster. 

This document also brings in another resident, who reported that her “floor and wall [were] really soft,” and wrote, “I don’t want to fall out the side of the building one day.” These documents say she reported this to a leasing agent but did not receive a satisfying reply to her concerns. 

Colvin's remaining family waited outside the apartment complex for six days before hearing any information about their relative. Upon hearing the news that he had passed away, the family began discussions to begin legal proceedings. 

All these legal cases outlined above are ongoing and will likely take some time to complete. We will provide updates on these lawsuits when they become available. 

Watch more coverage of the Davenport collapse on News 8's YouTube channel

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