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