Andrew Wold hires outside attorneys in building collapse
The owner of the downtown Davenport building that partially collapsed May 28 has hired more attorneys.
Andrew Wold and various of his companies face a number of lawsuits, including a wrongful death suit brought by family members of Branden Colvin Sr. Wold’s attorney has asked the court to recognize three attorneys from the Minneapolis-based law firm Stinson LLC.
Colvin Sr., Daniel Prien and Ryan Hitchcock died when a large portion of building’s west wall collapsed on the evening of May 28. Quanishia White-Cotton Berry was rescued from the rubble of the six-story building after her leg was amputated at the scene.
Workers and heavy machinery were pulling down precarious parts and appliances from the building the morning of Saturday, June 3, 2023, in Davenport.
Dozens of tenants lost all of their belongings in the disaster.
Wold faces seven civil suits with a total of 19 plaintiffs. There is a hearing scheduled for Sept. 21 in considering forming a class action suit combining those and all future suits.
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Wold attorney Mark Thomas filed applications for Stinson LLC attorneys William Dean Thomson, Todd Anders Noteboom and Andrew Philip Leiendecker to be allowed to represent Wold.
The application, called a “pro hac vice,” asks the court to allow the attorneys to work on the case even though they are not licensed to practice law in Iowa.
Stinson is a large law firm with just over 450 attorneys working from 13 offices around the United States. A number of the firm’s attorneys are dedicated to defending clients in large class-action suits. Web profiles for Thomson, Noteboom and Leiendecker all list class action among their practice areas.
The attorneys from Stinson join Thomas and Stella Maris Strohman of the Des Moines-based Gefe & Sidney law firm, as well as Patrick Woodward and Brian Fairfield of the Quad-Cities-based Brooks Law Firm.
Emergency crews work the scene of a partial building collapse on the 300 block of Main Street, Sunday, May 28, 2023, in Davenport.
Class-action issues
A number of plaintiffs’ attorneys raised the possibility of a class action suit, including Christopher Stombaugh and Jeffery Goodman, the attorneys for Dana Feuerbach. They said they represent 25 clients who will make claims against the city, Wold and others. None of those clients, besides Feuerbach, have filed suit in Scott County Court.
In response to the possibility of a class action suit, attorneys for the City of Davenport asked the court for discovery to be delayed “for a period of at least nine months to allow for additional cases to be filed.”
Discovery is the formal legal process of exchanging information about the witnesses and evidence the plaintiffs and defense plan to present at trial. Discovery enables the attorneys for both sides, and the court, to know what evidence may be presented before the trial starts.
Emergency crews work the scene of a partial building collapse in the 300 block of Main Street on Sunday, May 28, 2023, in Davenport.
The city’s response does not take issue with the possible consolidation of all the cases into class action suit. The response points out that once the discovery process is started, evidence collection — like witness and resident depositions — will have to be done multiple times as cases join the class-action suit.
Feuerbach’s attorneys argue that “it is not procedurally proper for the city to bootstrap a motion to stay discovery for a significant period of time into its response to plaintiff’s motion for consolidation.”
Feuerbach’s attorneys also pointed out all the plaintiffs need time to meet and discuss the city’s suggestion to delay the discovery process. They further argue that “there are certain discovery issues that are not in any way impacted by future cases being potentially filed, such as disclosure of defendants’ insurance coverages.”
What class action means
Along with Feuerbach’s filing, the suit filed on behalf of Jennifer Smith, Dionte McMath and several other people impacted by the collapse raised the possibility of a class action suit.
The attorneys for Smith, McMath and the others explained what a class action suit does.
“The point of the class action is mainly for judicial expediency,” Camille Kahn, one of the attorneys representing the Smith/McMath suit, said in July.
All of the efforts to seek damages essentially become one effort, she and John Flynn, her co-counsel, said.
The courts in Iowa have said if there are more than 40 claims of a similar nature in a similar group, then that’s going to be considered as a potential class action, Flynn said.
Once that is determined, one of the parties has to file a petition, requesting that the court certify the case as a class action, Flynn said.
A look at The Davenport apartments, 324 Main Street, after a partial building collapse, Monday, May 29, 2023, in Davenport.
If there are multiple requests for a class action, the result would be the same, regardless of which request the judge uses to certify the action, Flynn said.
Once a judge decides there will be a class action, attorneys would be appointed to represent the action, Flynn said. Those appointed by the court would then have some control over the direction the case would take, he said.
Their duties would include making recommendations about different classes, because the court is going to categorize the plaintiffs, Flynn said. Those plaintiff classes will depend on the nature of their injuries and potentially the amount of their claims.
In the case of the collapse, Kahn said, a class might include anybody who had a lease agreement at 324 Main St.
Not only does a class action consolidate suits, it opens the door for other people to join who are seeking compensation, she said, including those who have not yet hired their own counsel.
Photos: Attorneys for amputee, spouse, hold news conference on lawsuit after building collapse in Davenport
Andrew M. Stroth of Action Injury Law Group speaks during a news conference near the site of The Davenport collapse, Wednesday, June 7, 2023, in Davenport. The 6-story, 80-unit building partially collapsed on May 28. Quanishia White-Cotton Berry and Lexus Berry, tenants of The Davenport, have filed a lawsuit in Scott County against numerous defendants, including Andrew Wold of Bettendorf, Davenport Hotel LLC, and the City of Davenport. The Berrys were in the building when it collapsed and to amputate Quanishia White-Cotton Berry’s leg to rescue her.
Andrew M. Stroth of Action Injury Law Group speaks during a news conference near the site of The Davenport collapse, Wednesday, June 7, 2023, in Davenport. The 6-story, 80-unit building partially collapsed on May 28. Quanishia White-Cotton Berry and Lexus Berry, tenants of The Davenport, have filed a lawsuit in Scott County against numerous defendants, including Andrew Wold of Bettendorf, Davenport Hotel LLC, and the City of Davenport. The Berrys were in the building when it collapsed and to amputate Quanishia White-Cotton Berry’s leg to rescue her.
Andrew M. Stroth of Action Injury Law Group speaks during a news conference near the site of The Davenport collapse, Wednesday, June 7, 2023, in Davenport. The 6-story, 80-unit building partially collapsed on May 28. Quanishia White-Cotton Berry and Lexus Berry, tenants of The Davenport, have filed a lawsuit in Scott County against numerous defendants, including Andrew Wold of Bettendorf, Davenport Hotel LLC, and the City of Davenport. The Berrys were in the building when it collapsed and to amputate Quanishia White-Cotton Berry’s leg to rescue her.
A Davenport Police officer moves a traffic cone off of Harrison Street near the site of The Davenport collapse, Wednesday, June 7, 2023, in Davenport. The 6-story, 80-unit building partially collapsed on May 28.
attorney Steven Hart of Hart McLaughlin & Eldridge, speaks during a news conference near the site of The Davenport collapse, Wednesday, June 7, 2023, in Davenport. The 6-story, 80-unit building partially collapsed on May 28. Quanishia White-Cotton Berry and Lexus Berry, tenants of The Davenport, have filed a lawsuit in Scott County against numerous defendants, including Andrew Wold of Bettendorf, Davenport Hotel LLC, and the City of Davenport. The Berrys were in the building when it collapsed and to amputate Quanishia White-Cotton Berry’s leg to rescue her.
attorney Steven Hart of Hart McLaughlin & Eldridge, speaks during a news conference near the site of The Davenport collapse, Wednesday, June 7, 2023, in Davenport. The 6-story, 80-unit building partially collapsed on May 28. Quanishia White-Cotton Berry and Lexus Berry, tenants of The Davenport, have filed a lawsuit in Scott County against numerous defendants, including Andrew Wold of Bettendorf, Davenport Hotel LLC, and the City of Davenport. The Berrys were in the building when it collapsed and to amputate Quanishia White-Cotton Berry’s leg to rescue her.
Davenport police officers stand on Fourth Street near the site of The Davenport collapse, Wednesday, June 7, 2023, in Davenport. The 6-story, 80-unit building partially collapsed on May 28.
Davenport police vehicles sit parked on Fourth Street at the site of The Davenport collapse, Wednesday, June 7, 2023, in Davenport. The 6-story, 80-unit building partially collapsed on May 28.
attorney Steven Hart of Hart McLaughlin & Eldridge, speaks during a news conference near the site of The Davenport collapse, Wednesday, June 7, 2023, in Davenport. The 6-story, 80-unit building partially collapsed on May 28. Quanishia White-Cotton Berry and Lexus Berry, tenants of The Davenport, have filed a lawsuit in Scott County against numerous defendants, including Andrew Wold of Bettendorf, Davenport Hotel LLC, and the City of Davenport. The Berrys were in the building when it collapsed and to amputate Quanishia White-Cotton Berry’s leg to rescue her.
Activist Eric Russell speaks during a news conference near the site of The Davenport collapse, Wednesday, June 7, 2023, in Davenport. The 6-story, 80-unit building partially collapsed on May 28. Quanishia White-Cotton Berry and Lexus Berry, tenants of The Davenport, have filed a lawsuit in Scott County against numerous defendants, including Andrew Wold of Bettendorf, Davenport Hotel LLC, and the City of Davenport. The Berrys were in the building when it collapsed and to amputate Quanishia White-Cotton Berry’s leg to rescue her.
Activist Eric Russell speaks during a news conference near the site of The Davenport collapse, Wednesday, June 7, 2023, in Davenport. The 6-story, 80-unit building partially collapsed on May 28. Quanishia White-Cotton Berry and Lexus Berry, tenants of The Davenport, have filed a lawsuit in Scott County against numerous defendants, including Andrew Wold of Bettendorf, Davenport Hotel LLC, and the City of Davenport. The Berrys were in the building when it collapsed and to amputate Quanishia White-Cotton Berry’s leg to rescue her.
Lexus Berry, a tenant of The Davenport, speaks during a news conference near the site of The Davenport collapse, Wednesday, June 7, 2023, in Davenport. The 6-story, 80-unit building partially collapsed on May 28. Quanishia White-Cotton Berry and Lexus Berry, tenants of The Davenport, have filed a lawsuit in Scott County against numerous defendants, including Andrew Wold of Bettendorf, Davenport Hotel LLC, and the City of Davenport. The Berrys were in the building when it collapsed and to amputate Quanishia White-Cotton Berry’s leg to rescue her.
Activist Eric Russell speaks during a news conference near the site of The Davenport collapse, Wednesday, June 7, 2023, in Davenport. The 6-story, 80-unit building partially collapsed on May 28. Quanishia White-Cotton Berry and Lexus Berry, tenants of The Davenport, have filed a lawsuit in Scott County against numerous defendants, including Andrew Wold of Bettendorf, Davenport Hotel LLC, and the City of Davenport. The Berrys were in the building when it collapsed and to amputate Quanishia White-Cotton Berry’s leg to rescue her.
A look at the site of The Davenport collapse, Wednesday, June 7, 2023, in Davenport. The 6-story, 80-unit building partially collapsed on May 28.
Davenport police officers stand on Fourth Street near the site of The Davenport collapse, Wednesday, June 7, 2023, in Davenport. The 6-story, 80-unit building partially collapsed on May 28.
Activist Eric Russell speaks during a news conference near the site of The Davenport collapse, Wednesday, June 7, 2023, in Davenport. The 6-story, 80-unit building partially collapsed on May 28. Quanishia White-Cotton Berry and Lexus Berry, tenants of The Davenport, have filed a lawsuit in Scott County against numerous defendants, including Andrew Wold of Bettendorf, Davenport Hotel LLC, and the City of Davenport. The Berrys were in the building when it collapsed and to amputate Quanishia White-Cotton Berry’s leg to rescue her.
Workers move dirt to the entrance to The Davenport with construction equipment, Wednesday, June 7, 2023, in Davenport. The 6-story, 80-unit building partially collapsed on May 28.
Activist Eric Russell speaks during a news conference near the site of The Davenport collapse, Wednesday, June 7, 2023, in Davenport. The 6-story, 80-unit building partially collapsed on May 28. Quanishia White-Cotton Berry and Lexus Berry, tenants of The Davenport, have filed a lawsuit in Scott County against numerous defendants, including Andrew Wold of Bettendorf, Davenport Hotel LLC, and the City of Davenport. The Berrys were in the building when it collapsed and to amputate Quanishia White-Cotton Berry’s leg to rescue her.
Judith Lee, Davenport 8th ward alderwoman, background right, watches during a news conference near the site of The Davenport collapse, Wednesday, June 7, 2023, in Davenport.
attorney Andrew M. Stroth of Action Injury Law Group speaks Lexus Berry, right, and her mother, Cherie Berry, before a news conference near the site of The Davenport collapse, Wednesday, June 7, 2023, in Davenport. The 6-story, 80-unit building partially collapsed on May 28. Quanishia White-Cotton Berry and Lexus Berry, tenants of The Davenport, have filed a lawsuit in Scott County against numerous defendants, including Andrew Wold of Bettendorf, Davenport Hotel LLC, and the City of Davenport. The Berrys were in the building when it collapsed and to amputate Quanishia White-Cotton Berry’s leg to rescue her.
Lexus Berry lights a candle before during a news conference near the site of The Davenport collapse, Wednesday, June 7, 2023, in Davenport. The 6-story, 80-unit building partially collapsed on May 28. Quanishia White-Cotton Berry and Lexus Berry, tenants of The Davenport, have filed a lawsuit in Scott County against numerous defendants, including Andrew Wold of Bettendorf, Davenport Hotel LLC, and the City of Davenport. The Berrys were in the building when it collapsed and to amputate Quanishia White-Cotton Berry’s leg to rescue her.
A Davenport police officer walks through the site of The Davenport collapse, Wednesday, June 7, 2023, in Davenport. The 6-story, 80-unit building partially collapsed on May 28.
Andrew M. Stroth of Action Injury Law Group speaks during a news conference near the site of The Davenport collapse, Wednesday, June 7, 2023, in Davenport. The 6-story, 80-unit building partially collapsed on May 28. Quanishia White-Cotton Berry and Lexus Berry, tenants of The Davenport, have filed a lawsuit in Scott County against numerous defendants, including Andrew Wold of Bettendorf, Davenport Hotel LLC, and the City of Davenport. The Berrys were in the building when it collapsed and to amputate Quanishia White-Cotton Berry’s leg to rescue her.
Andrew M. Stroth of Action Injury Law Group speaks during a news conference near the site of The Davenport collapse, Wednesday, June 7, 2023, in Davenport. The 6-story, 80-unit building partially collapsed on May 28. Quanishia White-Cotton Berry and Lexus Berry, tenants of The Davenport, have filed a lawsuit in Scott County against numerous defendants, including Andrew Wold of Bettendorf, Davenport Hotel LLC, and the City of Davenport. The Berrys were in the building when it collapsed and to amputate Quanishia White-Cotton Berry’s leg to rescue her.
Davenport police officers stand on Fourth Street near the site of The Davenport collapse, Wednesday, June 7, 2023, in Davenport. The 6-story, 80-unit building partially collapsed on May 28.
Lawyers representing Quanishia White-Cotton Berry and Lexus Berry speak during a news conference near the site of The Davenport collapse, Wednesday, June 7, 2023, in Davenport. The 6-story, 80-unit building partially collapsed on May 28. Quanishia White-Cotton Berry and Lexus Berry, tenants of The Davenport, have filed a lawsuit in Scott County against numerous defendants, including Andrew Wold of Bettendorf, Davenport Hotel LLC, and the City of Davenport. The Berrys were in the building when it collapsed and to amputate Quanishia White-Cotton Berry’s leg to rescue her.
Lexus Berry, a tenant of The Davenport, speaks during a news conference near the site of The Davenport collapse, Wednesday, June 7, 2023, in Davenport. The 6-story, 80-unit building partially collapsed on May 28. Quanishia White-Cotton Berry and Lexus Berry, tenants of The Davenport, have filed a lawsuit in Scott County against numerous defendants, including Andrew Wold of Bettendorf, Davenport Hotel LLC, and the City of Davenport. The Berrys were in the building when it collapsed and to amputate Quanishia White-Cotton Berry’s leg to rescue her.
Activist Eric Russell speaks during a news conference near the site of The Davenport collapse, Wednesday, June 7, 2023, in Davenport. The 6-story, 80-unit building partially collapsed on May 28. Quanishia White-Cotton Berry and Lexus Berry, tenants of The Davenport, have filed a lawsuit in Scott County against numerous defendants, including Andrew Wold of Bettendorf, Davenport Hotel LLC, and the City of Davenport. The Berrys were in the building when it collapsed and to amputate Quanishia White-Cotton Berry’s leg to rescue her.
Andrew M. Stroth of Action Injury Law Group speaks during a news conference near the site of The Davenport collapse, Wednesday, June 7, 2023, in Davenport. The 6-story, 80-unit building partially collapsed on May 28. Quanishia White-Cotton Berry and Lexus Berry, tenants of The Davenport, have filed a lawsuit in Scott County against numerous defendants, including Andrew Wold of Bettendorf, Davenport Hotel LLC, and the City of Davenport. The Berrys were in the building when it collapsed and to amputate Quanishia White-Cotton Berry’s leg to rescue her.
Activist Eric Russell speaks during a news conference near the site of The Davenport collapse, Wednesday, June 7, 2023, in Davenport. The 6-story, 80-unit building partially collapsed on May 28. Quanishia White-Cotton Berry and Lexus Berry, tenants of The Davenport, have filed a lawsuit in Scott County against numerous defendants, including Andrew Wold of Bettendorf, Davenport Hotel LLC, and the City of Davenport. The Berrys were in the building when it collapsed and to amputate Quanishia White-Cotton Berry’s leg to rescue her.
attorney Steven Hart of Hart McLaughlin & Eldridge, speaks during a news conference near the site of The Davenport collapse, Wednesday, June 7, 2023, in Davenport. The 6-story, 80-unit building partially collapsed on May 28. Quanishia White-Cotton Berry and Lexus Berry, tenants of The Davenport, have filed a lawsuit in Scott County against numerous defendants, including Andrew Wold of Bettendorf, Davenport Hotel LLC, and the City of Davenport. The Berrys were in the building when it collapsed and to amputate Quanishia White-Cotton Berry’s leg to rescue her.
attorney Steven Hart of Hart McLaughlin & Eldridge, speaks during a news conference near the site of The Davenport collapse, Wednesday, June 7, 2023, in Davenport. The 6-story, 80-unit building partially collapsed on May 28. Quanishia White-Cotton Berry and Lexus Berry, tenants of The Davenport, have filed a lawsuit in Scott County against numerous defendants, including Andrew Wold of Bettendorf, Davenport Hotel LLC, and the City of Davenport. The Berrys were in the building when it collapsed and to amputate Quanishia White-Cotton Berry’s leg to rescue her.
attorney Steven Hart points at The Davenport apartment collapse with Lexus Berry, center, and Cherie Berry, before a news conference near the site of collapse, Wednesday, June 7, 2023, in Davenport. The 6-story, 80-unit building partially collapsed on May 28. Quanishia White-Cotton Berry and Lexus Berry, tenants of The Davenport, have filed a lawsuit in Scott County against numerous defendants, including Andrew Wold of Bettendorf, Davenport Hotel LLC, and the City of Davenport. The Berrys were in the building when it collapsed and to amputate Quanishia White-Cotton Berry’s leg to rescue her.
attorney Steven Hart of Hart McLaughlin & Eldridge, speaks during a news conference near the site of The Davenport collapse, Wednesday, June 7, 2023, in Davenport. The 6-story, 80-unit building partially collapsed on May 28. Quanishia White-Cotton Berry and Lexus Berry, tenants of The Davenport, have filed a lawsuit in Scott County against numerous defendants, including Andrew Wold of Bettendorf, Davenport Hotel LLC, and the City of Davenport. The Berrys were in the building when it collapsed and to amputate Quanishia White-Cotton Berry’s leg to rescue her.
Andrew M. Stroth of Action Injury Law Group speaks during a news conference near the site of The Davenport collapse, Wednesday, June 7, 2023, in Davenport. The 6-story, 80-unit building partially collapsed on May 28. Quanishia White-Cotton Berry and Lexus Berry, tenants of The Davenport, have filed a lawsuit in Scott County against numerous defendants, including Andrew Wold of Bettendorf, Davenport Hotel LLC, and the City of Davenport. The Berrys were in the building when it collapsed and to amputate Quanishia White-Cotton Berry’s leg to rescue her.
Activist Eric Russell speaks during a news conference near the site of The Davenport collapse, Wednesday, June 7, 2023, in Davenport. The 6-story, 80-unit building partially collapsed on May 28. Quanishia White-Cotton Berry and Lexus Berry, tenants of The Davenport, have filed a lawsuit in Scott County against numerous defendants, including Andrew Wold of Bettendorf, Davenport Hotel LLC, and the City of Davenport. The Berrys were in the building when it collapsed and to amputate Quanishia White-Cotton Berry’s leg to rescue her.
attorney Steven Hart of Hart McLaughlin & Eldridge, speaks during a news conference near the site of The Davenport collapse, Wednesday, June 7, 2023, in Davenport. The 6-story, 80-unit building partially collapsed on May 28. Quanishia White-Cotton Berry and Lexus Berry, tenants of The Davenport, have filed a lawsuit in Scott County against numerous defendants, including Andrew Wold of Bettendorf, Davenport Hotel LLC, and the City of Davenport. The Berrys were in the building when it collapsed and to amputate Quanishia White-Cotton Berry’s leg to rescue her.
Lexus Berry, center, kneels after lighting a candle before during a news conference with Eric Russell and Cherie Berry, near the site of The Davenport collapse, Wednesday, June 7, 2023, in Davenport. The 6-story, 80-unit building partially collapsed on May 28. Quanishia White-Cotton Berry and Lexus Berry, tenants of The Davenport, have filed a lawsuit in Scott County against numerous defendants, including Andrew Wold of Bettendorf, Davenport Hotel LLC, and the City of Davenport. The Berrys were in the building when it collapsed and to amputate Quanishia White-Cotton Berry’s leg to rescue her.
Andrew M. Stroth of Action Injury Law Group speaks during a news conference near the site of The Davenport collapse, Wednesday, June 7, 2023, in Davenport. The 6-story, 80-unit building partially collapsed on May 28. Quanishia White-Cotton Berry and Lexus Berry, tenants of The Davenport, have filed a lawsuit in Scott County against numerous defendants, including Andrew Wold of Bettendorf, Davenport Hotel LLC, and the City of Davenport. The Berrys were in the building when it collapsed and to amputate Quanishia White-Cotton Berry’s leg to rescue her.
Andrew M. Stroth of Action Injury Law Group speaks during a news conference near the site of The Davenport collapse, Wednesday, June 7, 2023, in Davenport. The 6-story, 80-unit building partially collapsed on May 28. Quanishia White-Cotton Berry and Lexus Berry, tenants of The Davenport, have filed a lawsuit in Scott County against numerous defendants, including Andrew Wold of Bettendorf, Davenport Hotel LLC, and the City of Davenport. The Berrys were in the building when it collapsed and to amputate Quanishia White-Cotton Berry’s leg to rescue her.
Andrew M. Stroth of Action Injury Law Group speaks during a news conference near the site of The Davenport collapse, Wednesday, June 7, 2023, in Davenport. The 6-story, 80-unit building partially collapsed on May 28. Quanishia White-Cotton Berry and Lexus Berry, tenants of The Davenport, have filed a lawsuit in Scott County against numerous defendants, including Andrew Wold of Bettendorf, Davenport Hotel LLC, and the City of Davenport. The Berrys were in the building when it collapsed and to amputate Quanishia White-Cotton Berry’s leg to rescue her.
Lexus Berry, a tenant of The Davenport, speaks during a news conference near the site of The Davenport collapse, Wednesday, June 7, 2023, in Davenport. The 6-story, 80-unit building partially collapsed on May 28. Quanishia White-Cotton Berry and Lexus Berry, tenants of The Davenport, have filed a lawsuit in Scott County against numerous defendants, including Andrew Wold of Bettendorf, Davenport Hotel LLC, and the City of Davenport. The Berrys were in the building when it collapsed and to amputate Quanishia White-Cotton Berry’s leg to rescue her.
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