McCarthy et al. vs. DRA, Q Casino, Hilton Garden Inn, and City of Dubuque - Dismissal Copyrighted
May 20, 2019
City of Dubuque Consent Items # 9.
ITEM TITLE: McCarthyetal. vs. DRA, Q Casino, Hilton Garden Inn, and
Cityof Dubuque
SUMMARY: Senior Counsel providing information on the dismissal of
the negligence lawsuit brought against the City of Dubuque
by Kathleen McCarthy on behalf of Matthew McCarthy.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File
ATTACHMENTS:
Description Type
Staff Memo Staff Memo
Dismissal Supporting Documentation
THE CITY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
�
BARRY A. LINDA I
SENIOR COUNS L
To: Mayo Roy D. Buol and
Members of the City Council
DATE: May 13, 2019
RE: McCarthy et al. vs. DRA, Q Casino, Hilton Garden Inn, and City of Dubuque
The purpose of the memorandum is to provide you with an update regarding this
negligence lawsuit brought by Kathleen McCarthy, mother of Matthew McCarthy and
administrator of the estate of Matthew McCarthy.
Mr. McCarthy, while a customer on May 16, 2016 at the Mystique Casino (now d/b/a "Q"),
told Mystique personnel that he was very tired and asked for a room at the Hilton Garden
Hotel. Mystique personnel arranged for a room and escorted him off of the casino
premises. Hotel personnel checked him in and escorted him to his room. He died later
that evening
The City was named as a defendant in this lawsuit due to its March 31, 2004 Amended
and Restated Lease Agreement (the Lease) with the Dubuque Racing Association, LTD
(DRA). Under the terms of the Lease, DRA is required to defend, indemnify and hold the
City harmless from any suit arising from the operation of the Casino. Attorney Doug
Henry, counsel for the DRA, accepted tender for the defense and indemnification of the
City on behalf of the DRA.
Mr. Henry advised that this case has been resolved and the claim against the City of
Dubuque would be dismissed at no cost to the City. �
Attached is the dismissal with prejudice. I
�
BAL:tIs
Attachment
cc: Michael C. Van Milligen, City Manager
Crenna Brumwell, City Attorney
Les Reddick, Esq.
F:\USERS\tsteckle\Lindahl\McCarthy vs.DRA\MayorCouncil_AgendaMemo052219_051319.docx
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA I
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TE�EPHONE (563)583-4113/F,vc (563)583-1040/EMai� balesq@cityofdubuque.org
E-FILED 2019 MAY 08 2:51 PM DUBUQUE - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY
I{ATHLEEN M. MCCARTHY, Individually
and as Adininish�ator of the ESTATE OF
MATTHEW THOMAS MCCARTHY,
Deceased,
Plaintiffs CaseNo. 01311 LACV106117
vs.
DISMISSAL
�VITH PREJUDICE
DUBUQUE RACING ASSOCIATION,
LTD.,
MYSTIQUE, d/b/a, Q,
HILTON GARDEN INN, CITY OF
DUBUQUE, and AIMBRIDGE
HOSPTIALITY, LLC,
Defendants.
COME NOW Plaintiffs, Kathleen M. MeCarthy, individually and as
Adininistrator of the Estate of Matthew Thomas McCarthy and hereby disiniss all claims
in the above matter, with prejudice.
Respectfully submitted,
, � � o
By; - Cy�� /� ��' o .—
K�ileen M. McCart y ,�
By: /s/Sa�san M. Hess
Susan M. Hess AT0008785
of
HAMMER LAW FIRM, P.L.C.
590 Iowa St., Ste. 2
Dubuque, IA 52001
Tele�hone: (563) 582-1560
Fax: (866) 921-6143
Email: susau mhammerlawoftices.com
ATTORNEYS FOR PLAINTIFFS
By: /s/ScottJ Nelsorl
Scott J. Nelson AT0005670
Attorney at Law
3003 Asbury Rd., Ste. 1
Dtiibuque, IA 52001
Telephone: (563) 556-4444
Fax: (563) 556-4441
ATTORNEYS FOR PLAINTIFFS