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Resident sues after Iowa building collapse kills 3, says city and owners didn’t warn them of danger

by Joshua Brown
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building collapse lawsuit

In Davenport, Iowa, the bodies of three men have been recovered from the debris of a collapsed six-story apartment building, according to an announcement made by the city’s police chief on Monday. Chief Jeff Bladel stated that there were no indications of any additional individuals missing at this time.

Simultaneously with the recovery efforts, the first in a potential series of lawsuits has been filed by tenant Dayna Feuerbach. Feuerbach has accused the city of Davenport, as well as the current and former owners of the building, of having knowledge of the deteriorating conditions and failing to warn residents about the risks involved.

The lawsuit, which seeks unspecified damages, alleges multiple counts of negligence and acknowledges the likelihood of additional lawsuits being filed. Attorney Jeffrey Goodman, representing Feuerbach, emphasized the repeated warnings that were allegedly ignored by the city, stating that the safety of citizens should have been their primary concern.

The body of Branden Colvin Sr. was recovered on Saturday, followed by the recovery of Ryan Hitchcock’s body on Sunday and Daniel Prien’s body early Monday morning. City officials had previously stated that these three individuals, aged 42, 51, and 60 respectively, were likely to have been at home during the collapse.

After confirming that there were no survivors left to be found, authorities focused on stabilizing the area before employing heavy machinery to remove debris from the site. The city of Davenport is consulting with experts on the safest approach to demolishing the remaining structure, ruling out the use of explosives due to its proximity to other buildings in a busy downtown area.

Mayor Mike Matson, taking responsibility for any concerns regarding the rescue and recovery process, stated that neither he nor other city officials had been in contact with building owner Andrew Wold.

Davenport Hotel L.L.C., as indicated by county records, acquired the building in a 2021 deal valued at $4.2 million.

The investigation into the building collapse is being carried out by the Davenport fire marshal’s office in collaboration with the state Division of Criminal Investigation, Davenport police, and the medical examiner’s office.

Governor Kim Reynolds visited the site on Monday morning and later expressed gratitude to the first responders, pledging state support and resources to assist the city.

Originally built as a hotel in 1907, the building had been converted into approximately 80 apartment units housing around 50 people.

Displaced tenants who met income requirements were eligible for $5,000 in assistance from the state, while the city offered $6,000 to those forced out of their homes. Additionally, the governor waived fees for tenants needing to replace their driver’s licenses.

Scott County prosecutor Kelly Cunningham advised against assuming criminal prosecution at this stage, emphasizing the need for an independent investigation into the cause of the structural failure. Currently, the jurisdiction lies with the city.

Unanswered questions surround the failure to warn residents about the potential danger, despite both the building owner and city officials being alerted to the unstable conditions. A report from a structural engineer just days before the collapse indicated an imminent risk of a wall crumbling.

Documents released by the city reveal that warnings regarding the instability of the building had been issued to both city officials and the owner for several months.

The lawsuit filed on Monday also implicates two companies contracted by Wold for assessing and performing work on the building. It alleges that all parties were aware of the impending danger faced by residents but allowed the building to deteriorate without warning them.

Tenants had previously lodged complaints with the city, reporting issues such as prolonged periods without heat or hot water, as well as problems with mold and water leakage from ceilings and toilets. While the city addressed some individual complaints and issued evacuation orders for certain apartments, a broader evacuation was never ordered, according to records.

Former and current residents disclosed instances of interior cracks in the collapsed wall that had been reported to building management. Tragically, one woman had to undergo a leg amputation to be rescued from her apartment, which was buried under the rubble.

Contributors to this report include Scott McFetridge and Hannah Fingerhut in Des Moines.

Frequently Asked Questions (FAQs) about building collapse lawsuit

What is the lawsuit about?

The lawsuit filed after the Iowa building collapse claims negligence and lack of warning by the city and owners. It seeks to hold them accountable for the tragic incident and the resulting fatalities.

Who is involved in the lawsuit?

The lawsuit is filed by tenant Dayna Feuerbach against the city of Davenport and the building’s current and former owners. Additional lawsuits are also anticipated.

What are the allegations in the lawsuit?

The lawsuit alleges that the city and owners were aware of the deteriorating conditions of the building but failed to warn residents about the risks involved, leading to the tragic collapse and loss of life.

What are the potential damages sought in the lawsuit?

The lawsuit seeks unspecified damages for the victims and their families. The exact amount will be determined as the case progresses.

Are there any other legal actions being taken?

As of now, this is the first lawsuit filed in relation to the building collapse. However, it is mentioned that additional suits are likely to follow.

What actions have been taken by the authorities?

The authorities have recovered the bodies of the victims and completed the search for survivors. They are now focused on stabilizing the area and safely demolishing the remaining structure.

What is the response from the city officials and the building owner?

The mayor of Davenport, Mike Matson, has taken responsibility for the rescue and recovery process. The city officials have not been in contact with the building owner, Andrew Wold, who has made no public statements since the incident.

Has an investigation been initiated?

Yes, an investigation into the building collapse is being carried out by the Davenport fire marshal’s office, in collaboration with the state Division of Criminal Investigation, Davenport police, and the medical examiner’s office.

What were the previous concerns raised about the building’s condition?

Documents released by the city indicate that warnings about the building’s instability had been issued to both the city officials and the building owner for several months prior to the collapse. A structural engineer’s report shortly before the incident also indicated an imminent risk of a wall crumbling.

Are there any plans to help the displaced tenants?

The state and city have provided financial assistance to the displaced tenants. The state offered $5,000 to eligible tenants meeting income requirements, while the city provided $6,000 to those forced to evacuate their homes.

What is the governor’s response to the incident?

Iowa Governor Kim Reynolds visited the site and expressed gratitude to the first responders. She has pledged state support and resources while working closely with city officials to address the situation.

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