Lexus Berry and her wife, Quanishia “Peach” White-Berry, were enjoying a holiday weekend in their home when disaster struck.
They were getting ready to have dinner, relaxing and playing with their cats “when our whole world just shifted in a matter of seconds,” said Ms. Berry.
Their home was apartment 411 in The Davenport apartment building at 324 Main St. That building partially collapsed at about 5 p.m. Sunday, May 28.
Three tenants died in that building collapse and many others were injured – including Ms. White-Berry. The 24-year-old woman suffered life-changing injuries, including having her left leg amputated above the knee when she was trapped in the building.
Lexus Berry shared their story Wednesday afternoon, June 7, as the couple’s attorneys announced a lawsuit has been filed on their behalf against the building owner, the City of Davenport and others.
Attorneys for the two women filed the 80-page lawsuit in Scott County District Court on Wednesday. On Wednesday afternoon, the attorneys hosted a news conference near Davenport City Hall and in front of the fenced off apartment building to announce the suit.
About 40 people attended the event, most of whom were members of the media and attorneys. However, there were also family members and supporters of the women – with at least one person wearing a black shirt with the words “Berry Strong.”
Those named in the lawsuit include: the City of Davenport, building owner Andrew Wold; Andrew Wold Investments, LLC; Village Property Management, LLC; Alliance Contracting, LLC; Select Structural Engineering, LLC; Bi-State Masonry, Inc.; Waukee Investments; and Parkwild Properties.
The owners of the building were told the structure “was in imminent risk of crumbling and they did nothing,” said Steven Hart of Hart McLaughlin & Eldridge law firm of Chicago, one of the attorneys representing the women.
“No one should have been living in this building. They should not have been paying rent,” added Mr. Hart, calling the lawsuit a “truth-seeking process.”
Another attorney for the women, Andrew Stroth of the Action Injury Law Group of Chicago, said the owners of the apartment building “put profits and money ahead of the health” of the tenants.
He added that the major goal of the lawsuit is to help the two women to recover, especially Ms. White-Berry who faces a long struggle in her road to recovery.
Her wife, Ms. Berry, told reporters that she is grateful for all the community support and help the couple has received since the building collapse. But she also wants the community to know: “We are not victims. We are survivors.”
This is the latest of several lawsuits filed over the collapse. Former tenant Dayna Feuerbach filed a civil suit on June 5. Former tenant Mildred Harrington and Rijeh Garnett filed a suit on June 2.
