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McCarthy et al. vs. DRA, Q Casino, Hilton Garden Inn, and City of Dubuque Copyrighted March 18, 2019 City of Dubuque Consent Items # 13. ITEM TITLE: McCarthyetal. vs. DRA, Q Casino, Hilton Garden Inn, and Cityof Dubuque SUMMARY: Senior Counsel providing an update of the negligence lawsuit brought by Kathleen McCarthy on behalf of Matthew McCarthy. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File ATTACHMENTS: Description Type Staff Memo Staff Memo THE CITY OF DUB E MEMORANDUM Masterpiece on the Mississippi ✓ BARRY A. LIND L SENIOR COUNS To: Mayor R y D. Buol and Members the City Council DATE: March 6, 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 advises that this case has been resolved and the claim against the City of Dubuque will be dismissed at no cost to the City. BAL:tIs cc: Michael C. Van Milligen, City Manager Crenna Brumwell, City Attorney Les Reddick, Esq. Doug Henry, Esq. F:\Users\tsteckle\Lindahl\McCarthy vs. DRA\MayorCouncil_AgendaMemo_030619.docx OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, �-IARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TE�EPHONE (563)583-4113/Fa,x (563)583-1040/EMai� balesq@cityofdubuque.org