DAVENPORT, Iowa — The remains of three victims have been recovered from a collapsed apartment building, Davenport Police Chief Jeff Bladel said at a Monday news conference as the first of what could be numerous lawsuits by residents and their families was filed.

Dayna Feuerbach escaped her fifth-floor Davenport apartment during the building’s partial collapse on the afternoon of May 28 with just her purse in hand.

Everything else she kept in her home of 20 years was gone.

Branden Colvin Jr. lights a candle during a vigil for his father, Branden Colvin Sr., Ryan Hitchcock and Daniel Prien, at the site of The Davenport collapse, on Sunday in Davenport.

Feuerbach filed a lawsuit Monday against building owner Andrew Wold and others. She is represented by attorney Jeffery Goodman of the Philadelphia-based firm of Saltz Mongeluzzi Bendesky, as well as Christopher D. Stombaugh of Platteville-based firm DiCello Levitt.

Goodman specializes in structural collapse cases and represented victims in a 2021 Surfside condominium collapse in Florida that ultimately resulted in a $1.2 billion settlement.

“The city had warning after warning,” Goodman told The Associated Press. He called it a common trend in major structural collapses he’s seen. “They had the responsibility to make sure that the safety of the citizens comes first. It is very clear that the city of Davenport didn’t do that.”

Feuerbach spoke with The Quad-City Times in the days after the collapse.

The reflection of The Davenport is seen in the front windows of Davenport City Hall on Sunday after the 80-unit building partially collapsed last week in Davenport.

“When it first happened, I don't know, I didn't realize the finality of it,” Feuerbach said. “I guess I thought, well, this is awful, but somehow there'll be repairs and we'll go on living back in the building. But then we realized pretty soon that that was it, that the building was going to be coming down, but we'd never get back in again and we’d lose everything, and, boy, that realization was awful.”

A news release from Saltz Mongeluzzi Bendesky said "the owner and the City of Davenport’s inspectors were warned on May 24, 2023 that the building appeared 'ready to fall imminently.'"

“This disaster in Davenport was a preventable tragedy; all the victims and their families are in our hearts, and they all deserve justice," Goodman said. "This lawsuit is the first step towards seeking justice and answers on behalf of the victims."

Goodman said the "red flags and warnings of danger that went ignored by everyone involved is simply outrageous. In terms of ensuring safety, the conduct of the building owner, its engineer, and the city of Davenport, was incompetent beyond belief.”

Emergency crews work the scene of The Davenport on Sunday one week after the building partially collapsed in Davenport. 

Bladel said Branden Colvin Sr.’s body was recovered Saturday. The body of Ryan Hitchcock was recovered Sunday and Daniel Prien early Monday. City officials had said earlier that Colvin, 42; Hitchcock, 51; and Prien, 60; had “high probability of being home at the time of the collapse.”

The discoveries came after authorities announced that the search for survivors had been completed. The remains of the apartment building were constantly in motion in the first 24 to 36 hours after it collapsed on May 28, putting rescuers at great risk, but since the area has been stabilized, crews were using an excavator and other heavy equipment to pull out parts of a debris pile.

Davenport officials said they were consulting with experts about how to safely bring down the rest of the structure. The city fire marshal earlier said explosives would not be used because it’s close to other buildings in a busy part of downtown Davenport.

County records show Davenport Hotel LLC acquired the building in a 2021 deal worth $4.2 million.

Bladel said the Davenport fire marshal’s office had begun an investigation of the building collapse with help from the state Division of Criminal Investigation, Davenport police and the medical examiner’s office.

Iowa Gov. Kim Reynolds toured the site Monday morning, and tweeted later that the state is providing support and resources while working with city officials. “Thank you to the first responders for putting their lives at risk to help their community,” she wrote.

A vigil for the victims was held Sunday evening.

The building, built as a hotel in 1907, had been converted into about 80 apartment units that were home to roughly 50 people.

The Quad-City Times and The Associated Press contributed to this report.


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