4th lawsuit: Business, more tenants file in partial building collapse

A fourth lawsuit has been filed in the partial building collapse at 324 Main Street, “The Davenport.”
Published: Jun. 12, 2023 at 10:01 PM CDT|Updated: Jun. 13, 2023 at 1:04 PM CDT
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DAVENPORT, Iowa (KWQC) - A fourth lawsuit has been filed in the partial building collapse at 324 Main St., “The Davenport,” that killed three residents.

The lawsuit has been filed against building owner, Andrew Wold as well as Davenport Hotel LLC, the City of Davenport and city building inspector Trishna Pradhan.

Suing Wold and the city are business owners of 4th Street Nutrition, Jennifer Smith and Dionte McMath, and four tenants of the apartment building: Brandy Wheelhouse, Michelle Vivians, Phillip Brooks and Mildred Harrington.

According to the lawsuit, each of the tenants is claiming damages in the excess of $10,000, and asking for compensation for loss of personal property, emotional stress, and court costs.

The plaintiffs are suing for lost personal property. According to the lawsuit, Wheelhouse and Vivians both lost ashes of relatives: Wheelhouse’s father and Vivians’ grandmother.

Wheelhouse paid $640 per month for rent since moving into 324 Main St. in 2010. Vivians paid $1,130 since moving in September 2022. Harrington and Brooks resided in the same unit when they moved in April 2023 and paid $700 per month.

The lawsuit also files for class action status, which a judge would need to rule on.

On June 2, a lawsuit was filed on behalf of Rijeh Garnett, a tenant of a nearby building, who was barred entry, and Harrington, who is also a plaintiff in the most recent lawsuit,

The firm that is representing the owners of 4th Street Nutrition and the four tenant was unaware Harrington was also a plaintiff in the June 2 lawsuit.

A lawsuit filed June 5 on behalf of tenant Dayna Feuerbach said red flag after red flag that a collapse or a catastrophe was coming was ignored. The lawsuit accuses Wold, the City of Davenport and contractors of gross negligence that led to the May 28 incident.

Attorneys for Lexus and Quanishia “Peach” Berry filed a lawsuit June 7. After falling four stories, Peach’s leg, pinned for about eight hours was amputated on-site. Named in the Berrys’ lawsuit are Wold, his LLCs, contractors, City of Davenport and previous owners of the property.