Pebble Creek Apartments fire lawsuit settled | Mason City & North Iowa

MASON CITY — A lawsuit filed by the owners of Pebble Creek Apartments against two former tenants they claimed caused a fire at their apartment has been settled out of court.

The terms of the settlement are confidential, according to Matthew Novak, attorney for Pebble Creek.

In the lawsuit filed in Cerro Gordo County District Court in 2010, Pebble Creek Associates Phase II L.P., owner and landlord, and Newbury Management Co., managing agent, said Kyle Crandell and Robert Johnson were tenants in Apartment 406 when a fire occurred there on July 26, 2009.

The fire, which caused extensive damage to the apartment, was caused by negligence by one or the other of the defendants for not properly extinguishing cigarettes, according to the suit.

Crandell filed a counterclaim, stating he wasn’t home when the fire was discovered and that Johnson admitted to smoking and putting the cigarette butt in a plastic flower pot on an outdoor patio adjacent to the apartment.

Both the lawsuit and the counterclaim have now been dismissed.

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