Iowa Supreme Court denies motion in Davenport building case
The court case regarding the collapse of the Davenport Building in May 2023 is back on after a higher court turned down a claim of qualified immunity.
On June 14, The Iowa District Court for Scott County granted a motion to stay discovery pending appeal to the City of Davenport, Trishna Pradhan and Richard Oswald. Several other defendants joined the motion. A motion to dismiss had been filed, based on qualified immunity provided by Iowa Code §670.4A. The court initially denied qualified immunity, but the code section grants an automatic right to appeal a district court decision denying qualified immunity.
There was an unreported hearing on the motion on June 12. After hearing arguments from both sides, the court “reluctantly concludes that discovery must be stayed during the pendency of the city’s appeal of the qualified immunity issue.”
On July 3, the Iowa Supreme Court announced their decision on the appeal. “Upon consideration, the application is denied.”
Also on July 3, the attorney for Select Structural Engineering filed a notice to serve a subpoena seeking books, documents, electronically stored information or other materials from Levi’s Construction.
Our Quad Cities News reached out to the City of Davenport for a comment and received this statement via email. “We’ve reached out to our attorneys for any possible comment / clarification and will follow back up with you if able.”
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