DAVENPORT, Iowa — A judge recently denied numerous motions to dismiss allegations in a Davenport collapse-related lawsuit, according to Iowa court documents.
Quanishia (Peach) and Lexus Berry filed one of many lawsuits that came after the tragic event at 324 Main St. They were both home in their fourth-floor apartment on May 28 when the west side of the building crumbled. Lexus was able to evacuate, but it was hours before rescuers found Peach trapped in the debris and determined they would need to amputate one of her legs to pull her free.
Waukee Investments' and Parkwild Properties' motion to dismiss
Two defendants in the Berrys' lawsuit are Waukee Investments, LLC, who previously owned the building, and Parwild Properties, L.C., a former manager.
The plaintiffs alleged that Waukee and Parkwild did not adequately maintain or repair the building's unsafe conditions while it was under their control from Dec. 20, 2019, to June 21, 2021. According to the initial lawsuit, the plaintiffs also alleged the defendants painted the west-facing wall right before selling to "hide the obviously dilapidated and deteriorating condition of the brick façade."
Despite these allegations, the two companies filed a motion to dismiss on July 3, according to court documents. The defendants argued for the dismissal saying they were not the owners at the time of the collapse and had no control over the property.
District Court Judge Mark Lawson denied this motion in a ruling on Monday. He said that the Berrys' lawsuit claims Andrew Wold and those affiliated with the owner either knew of the issue and failed to remediate it, or Waukee and Parkwild concealed the building's condition from the new owners.
Judge Lawson's ruling then states the following:
"This creates a factual issue as to when the Wold entities discovered the dangerous condition, whether any delay was due to Waukee's and/or Parkwild's concealment, and whether the Wold entities had a reasonable opportunity to take effective precautions against it prior to the collapse. Because there is a legal basis for their (the plaintiffs') claim and the Court cannot say they have no right of recovery against Waukee and/or Parkwild as a matter of law, the Court must deny the motion to dismiss."
Motions to dismiss claim of negligent infliction of emotional distress
Numerous defendants in the lawsuit also filed motions to dismiss the count of negligent infliction of emotional distress (NIED) from Lexus Berry.
In addition to Waukee and Parkwild, defendants in the Berrys' lawsuit include building owner Andrew Wold, his associated companies, property management and two City of Davenport employees, along with the masonry and engineering firms who had performed work or evaluations on the property before the collapse.
The defendants argued for the dismissal saying the lawsuit "asserts a claim for emotional distress based upon her own injuries, not injuries she sustained as a bystander," Lawson states in the ruling.
Judge Lawson denied the motion to dismiss the NIED claim, stating Lexus's allegations "satisfy the elements of a bystander claim for emotional distress."
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