Miller V City of Dubuque Case No LACV103732IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY
THOMAS 3. MILLER,
Plaintiff,
vs.
CITY OF DUBUQUE,
Defendant.
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) Case No, I_PCV 103 73a
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ORIGINAL NOTICE
TO THE ABOVE -NAMED DEFENDANT(S):
y1t4 7t
V
RECEIVED
15 NOV -6 PM 2: 28
City Clerk's Office
Dubuque, IA
You are notified that a Petition is on file in the Office of the Clerk of the above Court. A
copy of the Petition is attached. The Attorney for the Petitioner is Natalia H. Blaskovich,
Reynolds & Kenline, L.L.P., whose address is 110 East 9th Street, P.O. Box 239, Dubuque, Iowa
52004-0239. That attorney's phone number is (563) 556-8000; facsimile number (563) 556-
8009; email: blaskovich@rkenline.com.
You must serve a Motion or Answer within 20 days after service of this Original Notice
upon you, and, within a reasonable time thereafter, file your Motion or Answer, with the Clerk of
Court for Dubuque County by utilizing electronic fling at
https://www.iowacourts.state.ia.us/Efile. If you do not, judgment by default may be rendered
against you for the relief demanded in the Petition. You must e-file pursuant to Iowa Court
Rules Chapter 16 for general rules and information on electronic filing. Chapter 16, division VI
relates to protection of personal information in court filings.
If you need the assistance of auxiliary aids or services to participate in court because of a
disability, immediately call your District ADA coordinator at (319) 833-3332. Persons who are
hearing impaired may call Relay Iowa TTY (1-800-735-2942).
YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR
INTERESTS.
STATE OF IOWA JUDICIARY
Case Title MILLER V CITY OF DUBUQUE
Case No. LACV103732
County Dubuque
THIS CASE HAS BEEN FILED IN A COUNTY THAT USES ELECTRONIC FILING.
Therefore, unless the attached Petition and Original Notice contains a hearing date for your appearance, or unless you obtain an
exemption from the court, you must file your Appearance and Answer electronically.
You must register through the Iowa Judicial Branch website at http://www.iowacourts.state.ia.us/Efile and obtain a log in and
password for the purposes of filing and viewing documents on your case and of receiving service and notices from the court.
FOR GENERAL RULES AND INFORMATION ON ELECTRONIC FILING, REFER TO THE IOWA COURT RULES CHAPTER
16 PERTAINING TO THE USE OF THE ELECTRONIC DOCUMENT MANAGEMENT SYSTEM:
http://www.iowacourts.state.ia.us/Efile
FOR COURT RULES ON PROTECTION OF PERSONAL PRIVACY IN COURT FILINGS, REFER TO DIVISION VI OF IOWA
COURT RULES CHAPTER 16: http://www.iowacourts.state.ia.us/Efile
Scheduled Hearing:
If you require the assistance of auxiliary aids or services to participate in court because of a disability, immediately call your district
ADA coordinator at (319) 833-3332 . (If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942.)
Date Issued 11/04/2015 03:33:20 PM
District Clerk of Dubuque
/s/ Ana Unger
County
E-FILED 2015 NOV 04 9:32 AM DUBUQUE - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY
THOMAS J. MILLER,
Plaintiff,
vs.
CITY OF DUBUQUE,
Defendant.
Case No. -ACV 103 3a
PETITION AT LAW
COMES NOW the Plaintiff, Thomas J. Miller, by and through his attorney, Natalia H.
Blaskovich, and in support of his cause of action, states the following:
1. Plaintiff, Thomas J. Miller, was a resident of Dubuque County, Iowa, at the time
of his injury. Plaintiff now resides in Round Lake Beach, Illinois.
2. The Defendant, the City of Dubuque, was at all times material hereto, a
municipality duly incorporated under the law of the State of Iowa, located at 50
West 13th Street, Dubuque, Iowa 52001.
3. The incident which is the basis of this cause of action occurred on or about
January 10, 2014, when Plaintiff exited a city bus at a bus stop near the parking
ramp adjacent to the Diamond Jo Casino in Dubuque, Iowa, which is owned and
maintained by Defendant, City of Dubuque.
4. The weather conditions on January 10, 2014 were cold, icy, and snowy.
5. On the same date and place described above, Plaintiff, Thomas J. Miller, exited a
city bus and, as he did, his foot slid on the snow that had a layer of ice underneath
it and slid under the bus.
6. On that date and at that location, Defendant, City of Dubuque, was the owner of
the property where Mr. Miller fell.
7. At that same date and location described above, Defendant, City of Dubuque,
failed to de-ice a common area where pedestrians were expected to walk.
8. The bus operator, a City of Dubuque employee, stopped the bus in a snow and ice
covered area.
9. Mr. Miller slipped and fell as a result of the condition described above.
E-FILED 2015 NOV 04 9:32 AM DUBUQUE - CLERK OF DISTRICT COURT
10. Mr. Miller was injured as a result of falling while exiting the bus.
11. On that date and at that location, the Defendant, City of Dubuque, knew or should
have known that the dangerous conditions on its property involved an
unreasonable risk of harm to the Plaintiff and other persons on the premises.
12. On that date and at that location the Defendant, City of' Dubuque, should have
anticipated that persons like the Plaintiff on the premises would not discover or
realize the danger.
13. The City of Dubuque failed to properly, train, supervise and/or monitor its
employee which was a proximate cause of the plaintiffs injuries in this case.
14. The City of Dubuque is a common carrier of passengers who failed to exercise the
appropriate care to protect Plaintiff from danger.
15. Defendant, City of Dubuque, further had adequate time prior to the injury to have
taken measures to remedy or protect against the dangerous conditions.
16. On that date and at the location, the Defendant, City of Dubuque, acted or failed
to act in one or more ways and in so acting was negligent. The Defendant, City of
Dubuque, was negligent including, but not limited to, in the following particulars:
a) failing to maintain a safe condition of its premises;
b) failing to take corrective measure to eliminate the dangerous conditions;
c) failing to warn others of the dangerous conditions;
d) failing to properly inspect its premises;
e) failing to properly maintain the premises;
f) failing to identify dangerous conditions;
g) failing to instruct and supervise employees operating its buses on how to
park buses in an area safe for passengers to exit;
h) failing to properly ensure that its bus passenger was not injured;
i) failing to operate its business in a non -negligent manner as expected under
Iowa law.
17. As a result of the negligent acts including but not limited to those listed above,
Defendant City of Dubuque's negligence proximately caused Plaintiff, Thomas
Miller, damages including, but not limited to:
a) medical expenses, both past and future;
b) pain and suffering, both past and future;
c) past and future emotional distress and mental anguish;
d) loss of enjoyment of life;
e) past and future loss of function of body;
f) past and future lost wages; and,
g) any other damage(s) recognized under Iowa law.
2
E-FILED 2015 NOV 04 9:32 AM DUBUQUE - CLERK OF DISTRICT COURT
WHEREFORE, Plaintiff, Thomas J. Miller, herein prays that judgment be entered against
the Defendant City of Dubuque, for damages listed above including, but not limited to:
medical expenses, both past and future;
pain and suffering; both past and future;
past and future emotional distress and mental anguish;
past and future lost wages;
permanent disability;
loss of enjoyment of life;
past and future loss of function of body;
any other damage(s) recognized under Iowa law; and,
court costs and interest.
Which said amount meets jurisdictional requirements and all other relief the Court deems just in
the premises.
JURY DEMAND
The Plaintiff hereby demands this case be tried to a jury.
By:
3
THOMAS J. MI
ER, Plaintiff;
Natalia H. 131askoviclt — AT0000901
of
REYNOLDS & KENLINE, L.L.P.
110 East 9`h Street
P.O. Box 239
Dubuque, IA 52004-0239
Tel: (563) 556-8000
Fax: (563) 556-8009
Email: blaskovich@rkenline.com
ATTORNEYS FOR PLAINTIFF
E-FILED 2015 NOV 04 9:32 AM DUBUQUE - CLERK OF DISTRICT COURT
Rule 1.1901—Form 16: Expedited Civil Action Certification
In the Iowa District Court for DUBUQUE County
THOMAS J. MILLER
Plaintiff
Full name of Plaintiff: first, middle, last
vs.
CITY OF DUBUQUE
Defendant
Full name of Defendant: first, middle, last
Civil case no. L P C V 1 t$ 13
Expedited Civil Action Certification
Plaintiff, Thomas J. Miller . together with Plaintiff's attorney
Name of Plaintiff
Natalia H. Blaskovich
, elect to bring this lawsuit as an Expedited
Name of attorney
Civil Action under Iowa Rule of Civil Procedure 1.281.
Plaintiff certifies that the sole relief sought is a money judgment and that all claims (other than
compulsory counterclaims) for all damages by or against any one party total $75,000 or less,
including damages of any kind, penalties, prefiling interest, and attorneys' fees, but excluding
prejudgment interest accrued after the filing date, post judgment interest, and costs.
Plaintiff certifies the following:
1. I am a plaintiff in this action.
2. If I am represented by an attorney, I have conferred with my attorney about using the
Expedited Civil Action procedures. available to parties in the State of Iowa.
3. I understand that by electing to proceed under Expedited Civil Action procedures, the
total amount of my recovery will not exceed $75,000, excluding prejudgment interest
accrued after the filing, post judgment interest, and court costs. Additionally, no single
defendant can be liable for more than $75,000 to all plaintiffs combined, excluding
prejudgment interest accrued after the filing, post judgment interest, and court costs.
4. I understand that if a jury were to award more than $75,000 as damages to me, or if a
jury were tc award more than $75,000 in total against a single defendant, the trial
judge would reduce the amount of the judgment to $75,000, plus any applicable
interest and court costs to which I may be entitled.
With this knowledge, I agree to proceed under the Expedited Civil Action procedures.
Dated this 9141 day of N 0vtmber , 20 15
Plaintiff
August 2014
Rule 1.1901—Form 16 Page 1 of 2
E-FILED 2015 NOV 04 9:32 AM DUBUQUE - CLERK OF DISTRICT COURT
Rule 1.1901—Form 16: Expedited Civil Action Certification, continued
Oath and Signatures
Thomas J. Miller , certify under penalty of perjury and pursuant to the
Print Plaintiff's name
laws of the State of Iowa that the preceding is true and correct.
N DUZVnber , 20 15
Mont __ Day Year
handwritten signatu of Plaintiff Full name of Plaintiff.• first, middle, last
Nat,
tin
Thomas J. Miller
Blask tvich
.s a?iUrney's n nue, if applicable
ignature of attorney, if applicable
Reynolds & Kenline. L.L.P
Law firm, t applicable
110 East 9th Street, Dubuque, IA 52001
Mailing addr. of attorney (or Plaintiff if unrepresented)
563-556-8000
Telephone no. of attorney (or Plaintiff if unrepresented)
blaskovicharkenline.com
Email address of attorney (or Plaintiff if unrepresented)
Additional email address, ifavailable
August 2014
Rule 1.1901—Form 16 Page 2 of 2