‘This tragedy was altogether avoidable’: Lawsuits mount in Davenport condo collapse

‘This tragedy was altogether avoidable’: Lawsuits mount in Davenport condo collapse

Three lawsuits filed this week in response to the Davenport, Iowa condo collapse allege that the city, landlord, numerous contractors and engineers knew of the “imminent danger” facing tenants and chose not to act.

The building, which was constructed in 1906 and had over 50 apartment units, was plagued with numerous problems for years, especially pertaining to its west exterior wall, according to the complaints.

The former tenants are suing Andrew Wold, the building’s owner; his contracting company, Alliance Contracting, LLC; his investment company, Andrew Wold Investments; Select Structural Engineering; Bi-State Masonry, INC., a contractor; the City of Davenport; and the building’s former owner, Waukee Investments I, LLC, among others.

“The defendants… including Andrew Wold and his companies, as well as The City of Davenport were repeatedly warned of the severe and deteriorating condition of the west exterior wall that ultimately failed,” a suit filed by former tenant Danya Feuerbach states.

In a statement given to CNN this week, Wold’s spokesperson, Harlan Loeb, said, “We are devastated by the building’s collapse and our hearts go out to everyone involved, people displaced, people injured and of course the people that lost their lives.”

A complaint filed by tenants Quanishia “Peach” White-Cotton Berry and Lexus Berry details what happened to the couple on May 28.

Just before 5:00 p.m., the pair began hearing cracking noises and saw a new opening in their window which hadn’t been there previously. They hurried to grab their cats and flee their unit.

In seconds, their apartment collapsed, with White-Cotton Berry inside. Berry fell to the ground as the structure crumbled.

“She felt a bright light and quickly realized that the apartment she stood in a moment before was suddenly missing.”

She found herself on a small piece of the remaining structure. Berry emerged from her lost apartment with her life, while sustaining minor bruises and cuts. Her wife, however, was stuck under debris, bricks and water that rained down on top of her, the complaint states.

At around 12:45 a.m., emergency responders amputated her left leg and freed her from the rubble. Berry has just awoken from a coma, the suit notes, but remains in the hospital. She will likely have to undergo multiple surgeries for her right leg, though it might need to be amputated as well.

“This tragedy was altogether avoidable,” the complaint states. “For years, the building collapse was waiting to happen.”

Approximately nine residents were rescued in the hours following the collapse. Dozens were immediately evacuated by first responders once the structure failed. Some of the building’s occupants are now homeless.

Two other complaints filed by former tenants Feuerbach as well as Mildred Harrington allege the same.

“Had even a marginally competent inspection or due diligence been performed by the Wold defendants at the time of purchase, the dangerous condition of the west exterior wall would have been noticed and the need for immediate action realized.”

Despite knowing of the structure’s hazardous condition, the suit alleges that owners simply chose to paint over the wall instead of investing the funds to permanently fix it, photos from 2022 show.

Feuerbach’s attorneys claim that this action only made matters worse. “Painting over the bricks acted only to trap moisture and condensation within the bricks and the wall, further damaging the wall and accelerating its deterioration,” the suit states.

Once the building caved in, city officials told reports that the building had prior water damage.

In the days and hours before the collapse, large two by four pieces of wood were leaned against the west side of the building, giving the illusion that work was being done on the property, the suit alleges.

Former tenants are also suing contractors and engineers that worked on the building, claiming that they violated their responsibility as experts to warn tenants if their lives were in danger. All were identified in the hundreds of documents released by the city days following the incident.

Neither the Berrys’ suit nor Feuerbach’s lists a dollar amount sought for damages sustained during and following the collapse, leaving it up to the court’s discretion.

“Plaintiff prays the court enter a judgment on her behalf and against the defendants, in an amount that will fairly and adequately compensate her for the damages described herein, as well as punitive damages, together and with interest and costs all as provided by law,” Feuerbach’s suit states.