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Claim - Suit Stegers vs Police etc. ,. '. IN THE lOW A DISTRICT COURT IN AND FOR DUBUQUE COUNTY r' " .\ KATHY JO STEGER ) DaB: 8/13/57 and ) RANDALL 1. STEGER, Wife and Husband,) DOB: 8/31/52 and ) JUSTIN JOSEPH STEGER, ) DOB: 1/16/87 ) ) Plaintiffs, ) ~, ) ) WAYNE PAUL HOWES, ) and SUSAN POTTER, and ) RICKYL HOFTENDER, and ) SHERRI ANN AMBROSY and ) ECONOMY PREMIER ASSURANCE ) COMP ANY and METLIFE AUTO ) & HOME, and THE CITY OF DUBUQUE, ) ) Defendants, ) (' \ d..; Case No, Ol'~ II LA c-V $~O 9~ ORIGINAL NOTICE TO THE ABOVE NAMED DEFENDANTS: YOU ARE HEREBY NOTIFIED that there is now on file in the office of the Clerk of the above named COUl1, a Petition in the above entitled action, a copy of which Petition is attached hereto, The Plaintiffs' Attorney IS Joseph 1. Bitter, Bitter Law Offices, 485 Locust Street, Dubuque, Iowa, 5200]. YOU ARE FURTHER NOTIFIED that unless, within 20 days after service of this Original Notice upon you, you serve, and within a reasonable time thereafter file, a Motion or Answer in the Iowa District Court for Dubuque County, at the Dubuque County Courthouse in Dubuque, Iowa, judgment by default will be rendered against you for the relief demanded in the Petition. .f)d. CLERK OPt: OUR T ,/ NOTE: The Attorney who is expected to represent the Defendants should b advised by Defendants of the service of this Notice 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 (563) 589-4448, (If you are hearing impaired, call Relay Iowa TTY at ] -800-735-2942.) .. ~ IN THE lOW A DISTRICT COURT IN AND FOR DUBUQUE COUNTY KATHY JO STEGER ) DOB: 8/13/57 and ) RANDALL 1. STEGER, Wife and Husband,) DOB: 8/31/52 and ) JUSTIN JOSEPH STEGER, ) DOB: 1/16/87 ) ) Plaintiffs, ) vs. ) ) WAYNE PAUL HOWES, ) and SUSAN POTTER, and ) RICKY L HOFTENDER, and ) SHERRI ANN AMBROSY and ) ECONOMY PREMIER ASSURANCE ) COMP ANY and METLIFE AUTO ) & HOME, and THE CITY OF DUBUQUE, ) ) Defendants. ) Case No. o t 31l LA~ V -!:>-'/o 9 ~ PETITION ;:;; 1""'-.'" , .-::;:> ~ji ~ 00 :2 c: -ll /,.J 1'1d 2;j:; f-...> ...-1 :~; ?:: ~ -.;;.- ~'''-;'' ~'., " ~\..; ;:<-1 --- CI '?f 2~ -- .. '-" >"';;", 0 Plaintiffs for cause of action against the Defendants and each of them, state C0MJ\10N ELEMENTS 1. Plaintiffs are Kathy Jo Steger and Randall 1. Steger, wife and husband, who reside at 35]2 Lunar Dr., Dubuque, lA, 52003. 2. Plaintiff Kathy Jo Steger was personally injured and her husband suffered loss of consortium as a result of an automobile accident which occurred on or about April 12, 2003, at the intersection of 16th Street and Kerper Boulevard in Dubuque, Dubuque County, Iowa, when the automobile owned and operated by Plaintiff Kathy Jo Steger was struck by automobiles driven by Wayne Paul Howes and Sherri Ann Ambrosy. 3. Plaintiff Justin Joseph Steger was a minor at the time of this accident, has now attained his majority, and brings this action because he suffered the loss of his parents' love, .. J' affection, and support during the period of his minority and after he reaches his adult age, all to his detriment. 4. Wayne Paul Howes is named as a Defendant because he was operating a motor vehicle negligently and recklessly, and while under the influence of other drugs, his driving caused a collision between his car, various other cars, and the Steger vehicle, proximately causing damage to the Steger vehicle and injuries to Kathy Jo Steger and loss of consortium to her husband Randall 1. Steger. 5. Susan Potter is named as a Defendant because she accompanied and encouraged Wayne Paul Howes in the operation of his motor vehicle, and participated in the use and abuse of drugs and other precursors, proximately causing the accident and the other damages complained of herein. 6. Ricky L Hoftender is named as a Defendant as the owner of the automobile involved in the accident, and driven by Wayne Paul Howes. 7. Sherri Ann Ambrosy is named as a Defendant because she was operating a motor vehicle, and because of her failure to maintain a proper lookout, apparently did not see the approaching vehicles coming at a high rate of speed, and she entered the intersection and therefore contributed to the accident and the injuries and other damages complained of herein. 8. Defendants Economy Premier Assurance Company and MetLife Auto & Home are named as Defendants because MetLife is believed to be a corporation licensed to do business in the State ofIowa, and Economy Premier Assurance Company is a subsidiary of Met Life Auto & Home and actually is shown as the insurance company insuring the automobile owned by the Plaintiffs and operated by Kathy Jo Steger at the time of the accident. Said insurance companies provide uninsured and under-insured motorist coverage, and have agreed that the time limit for filing suit against them is 2 years fi'om and after the date of the incident complained of herein. 9. Because of the failure of the Defendants to be both liable and to have applicable insurance, Plaintiffs and all 3 of them are entitled to claims against Economy Premier Assurance Company and MetLife Auto & Home. 10. As a proximate result of the accident, Plaintiff Kathy Jo Steger was seriously injured, suffered physical and psychological trauma, was injured in her earnings and earning capacity, and became liable for necessary medical care, all to her detriment. 11. As a proximate result of the accident, Plaintiff Randall 1. Steger suffered the loss of his wife's love, affection, and companionship, all to his detriment. 12. As a proximate result of the accident, Plaintiff Justin Joseph Steger suffered the loss of his parents' love, affection and support. 13. The City of Dubuque is named as a Defendant because one or more police officers and agents of the City of Dubuque engaged Defendant Wayne Paul Howes in a high speed chase through the City of Dubuque, into Wisconsin, and back to the City of Dubuque, and contributed to the accident by the operation of a city owned police motor vehicle in a negligent and reckless fashion. Said operation was a proximate cause of the accident and the damages to all parties. 14. The claims presented herein exceed the jurisdictional limits of Associate District Court. COUNT I CLAIM OF PLA]NTIFF KATHY JO STEGER AGAINST WAYNE PAUL HOWES Plaintiff Kathy Jo Steger for cause of action against Defendant Wayne Paul Howes states: 15. As a proximate result of the conduct of Wayne Paul Howes, an accident occurred, and this Plaintiff Kathy Jo Steger is entitled to actual and punitive damages against said Defendant, and for the costs of this action. WHEREFORE, the Plaintiff Kathy Jo Steger prays that the Court render Judgment in her favor and against the Defendant Wayne Paul Howes for a sum sufficient to compensate her for her injuries and other damages, for an additional sum for punitive damages, and for the costs of this action. COUNT II CLAIM OF PLAINTIFF RANDALL 1. STEGER AGAINST WAYNE PAUL HOWES 16. As a proximate result of the accident complained of herein, this Plaintiff Randall J. Steger suffered the loss of his wife's love, affection, and consonium, all to his detriment. WHEREFORE, the Plaintiff Randalll Steger prays that the Court render Judgment in his favor and against the Defendant Wayne Paul Howes in a sum sufficient to compensate him for actual damages and an additional sum for punitive damages, and for the costs of this action. COUNT III CLAIM OF PLAINTIFF JUSTIN JOSEPH STEGER AGAINST WAYNE PAUL HOWES 17. As a proximate result of the accident complained of herein, this Plaintiff Justin Joseph Steger suffered the loss of his mother's love, affection, and SUPP0l1, all to his detriment. WHEREFORE, the Plaintiff Justin Joseph Steger prays that the COUl1 render Judgment in his favor and against the Defendant Wayne Paul Howes in a sum sufficient to compensate him for his injuries and an additional sum for punitive damages, and for the costs of this action. COUNT IV CLAIM OF PLAINTIFF KATHY JO STEGER AGAINST SUSAN POTTER Plaintiff Kathy Jo Steger for cause of action against Defendant Susan Potter states: 18. As a proximate result of the conduct of Susan Potter, an accident occurred, and this Plaintiff Kathy Jo Steger is entitled to actual and punitive damages against said Defendant, and for the costs of this action. WHEREFORE, the Plaintiff Kathy Jo Steger prays that the Court render Judgment in her favor and against the Defendant Susan Potter for a sum sufficient to compensate her for her injuries and other damages, for an additional sum for punitive damages, and for the costs of this action. COUNT V CLAIM OF PLAINTIFF RANDALL J. STEGER AGAINST SUSAN POTTER 19. As a proximate result of the accident complained of herein, this Plaintiff Randall 1. Steger suffered the loss of his wife's love, affection, and conso11ium, all to his detriment. WHEREFORE, the Plaintiff Randall 1. Steger prays that the Court render Judgment in his favor and against the Defendant Susan Potter in a sum sufficient to compensate him for actual damages and an additional sum for punitive damages, and for the costs of this action. COUNT VI CLAIM OF PLAINTIFF JUSTIN JOSEPH STEGER AGAINST SUSAN POTTER 20. As a proximate result of the accident complained of herein, this Plaintiff Justin Joseph Steger suffered the loss of his mother's love, affection, and support, all to his detriment. WHEREFORE, the PlaintitT Justin Joseph Steger prays that the Court render Judgment in his favor and against the Defendant Susan Potter in a sum sufficient to compensate him for his injuries and an additional sum for punitive damages, and for the costs of this action. COUNT VII CLAIM OF PLAINTIFF KATHY JO STEGER AGAINST RICKY L HOFTENDER Plaintiff Kathy Jo Steger for cause of action against Defendant Ricky L Hoftender states: 21. As a proximate result of the conduct of Ricky L. Hoftender, an accident occurred, and this Plaintiff Kathy Jo Steger is entitled to actual and punitive damages against said Defendant, and for the costs of this action. WHEREFORE, the Plaintiff Kathy Jo Steger prays that the C0U11 render Judgment in her favor and against the Defendant Ricky L. Hoftender for a sum sufficient to compensate her for her injuries and other damages, for an additional sum for punitive damages, and for the costs of this action. COUNT VIII CLAIM OF PLAINTIFF RANDALL 1. STEGER AGAINST RICKY L. HOFTENDER 22. As a proximate result of the accident complained of herein, this Plaintiff Randall 1. Steger suffered the loss of his wife's love, affection, and consortium, all to his detriment. WHEREFORE the Plaintiff Randall 1. Steger prays that the Court render Judgment in his favor and against the Defendant Ricky L. Hoftender in a sum sufficient to compensate him for actual damages and an additional sum for punitive damages, and for the costs of this action. COUNT IX CLAIM OF PLAINTIFF JUSTIN JOSEPH STEGER AGAINST RICKY L. HOFTENDER 23. As a proximate result of the accident complained of herein, this Plaintiff Justin Joseph Steger suffered the loss of his mother's love, affection, and support, all to his detriment. WHEREFORE, the Plaintiff Justin Joseph Steger prays that the COUl1 render Judgment in his favor and against the Defendant Ricky L. Hoftender in a sum sufficient to compensate him for his injuries and an additional sum for punitive damages, and for the costs of this action. COUNT X CLAIM OF PLAINTIFF KATHY JO STEGER AGAINST SHERRI ANN AMBROSY Plaintiff Kathy Jo Steger for cause of action against Defendant Sherri Ann Ambrosy states: 24. As a proximate result of the conduct of Sherri Ann Ambrosy, an accident occurred, and this Plaintiff Kathy Jo Steger is entitled to actual damages against said Defendant, and for the costs of this action. WHEREFORE, the Plaintiff Kathy Jo Steger prays that the Court render Judgment in her favor and against the Defendant Sherri Ann Ambrosy for a sum sufficient to compensate her for her injuries and other damages, and for the costs of this action. COUNT XI CLAIM OF PLAINTIFF RANDALL J. STEGER AGAINST SHERRI ANN AMBROSY 25. As a proximate result of the accident complained of herein, this Plaintiff Randall 1. Steger suffered the loss of his wife's love, affection, and conso11ium, all to his detriment. WHEREFORE, the Plaintiff Randall 1. Steger prays that the Court render Judgment in his favor and against the Defendant Sherri Ann Ambrosy in a sum sufficient to compensate him for actual damages, and for the costs of this action. COUNT XII CLAIM OF PLAINTIFF JUSTIN JOSEPH STEGER AGAINST SHERRI ANN AMBROSY 26. As a proximate result of the accident complained of herein, this Plaintiff Justin Joseph Steger suffered the loss of his mother's love, affection, and support, all to his detriment. WHEREFORE, the Plaintiff Justin Joseph Steger prays that the COUli render Judgment in his favor and against the Defendant Sherri Ann Ambrosy in a sum sufficient to compensate him for his injuries, and for the costs of this action. COUNT XIII CLAIM OF PLAINTIFF KATHY JO STEGER AGAINST ECONOMY PREMIER ASSURANCE COMPANY AND METLIFE AUTO & HOME Plaintiff Kathy Jo Steger for cause of action against Defendants Economy Premier Assurance Company and MetLife Auto & Home states: 27. As a proximate result of the accident above referred to, this Plaintiff is entitled to compensation from her own insurance company, MetLife Auto & Home, and Economy Premier Assurance Company, under the uninsured/under-insured provisions of her policy in force at the time of the accident, and for the costs of this action. WHEREFORE, the Plaintiff Kathy Jo Steger prays that the Court render Judgment in her favor and against the Defendants Economy Premier Assurance Company and MetLife Auto & Home for a sum sufficient to compensate her for her injuries and other damages, and an additional sum for punitive damages, and for the costs of this action. COUNT XIV CLAIM OF PLAINTIFF RANDALL J. STEGER AGAINST ECONOMY PREMIER ASSURANCE COMP ANY AND METUFE AUTO & HOME 28 As a proximate result of the accident complained of herein, this Plaintiff Randall J. Steger suffered the loss of his wife's love, affection, and consoJiium, all to his detriment. WHEREFORE, the Plaintiff Randall 1. Steger prays that the Coul1 render Judgment in his favor and against the Defendants Economy Premier Assurance Company and MetLife Auto & Home in a sum sufficient to compensate him for actual damages, an additional sum for punitive damages, and for the costs of this action. COUNT XV CLAIM OF PLAINTIFF JUSTIN JOSEPH STEGER AGAINST ECONOMY PREMIER ASSURANCE COMP ANY AND METUFE AUTO & HOME 29. As a proximate result of the accident complained of herein, this Plaintiff Justin Joseph Steger suffered the loss of his mother's love, affection, and support, all to his detriment. WHEREFORE, the Plaintiff Justin Joseph Steger prays that the Court render Judgment in his favor and against the Defendants Economy Premier Assurance Company and MetLife Auto & Home in a sum sufficient to compensate him for his injuries, an additional sum for punitive damages, and for the costs of this action. COUNT XVI CLAIM OF PLAINTIFF KATHY JO STEGER AGAINST CITY OF DUBUQUE Plaintiff Kathy Jo Steger for cause of action against Defendant City of Dubuque states: 30. As a proximate result of the conduct of the police officer/agent of the City of Dubuque, an accident occurred, and this Plaintiff Kathy J 0 Steger is entitled to actual damages against said Defendant, and for the costs of this action. WHEREFORE, the Plaintiff Kathy Jo Steger prays that the Court render Judgment in her favor and against the Defendant City of Dubuque for a sum sufficient to compensate her for her injuries and other damages, and for the costs of this action. COUNT XVII CLAIM OF PLAINTIFF RANDALL J. STEGER AGAINST CITY OF DUBUQUE 31. As a proximate result of the accident complained of herein, this Plaintiff Randall 1. Steger suffered the loss of his wife's love, affection, and conso11ium, all to his detriment. WHEREFORE, the Plaintiff Randall 1. Steger prays that the COU11 render Judgment in his favor and against the Defendant City of Dubuque in a sum sufficient to compensate him for actual damages, and for the costs of this action. COUNT XVIII CLAIM OF PLAINTIFF JUSTIN JOSEPH STEGER AGAINST CITY OF DUBUQUE 32. As a proximate result of the accident complained of herein, this Plaintiff Justin Joseph Steger suffered the loss of his mother's love, affection, and support, all to his detriment. WHEREFORE, the Plaintiff Justin Joseph Steger prays that the Court render Judgment in his favor and against the Defendant City of Dubuque in a sum sufficient to compensate him for his injuries, and for the costs of this action. Respectfully submitted, Joseph J. Bitter BITTER LAW OFFICES 485 Locust St. Dubuque, IA 52001 PHONE: 563-588-4608 FAX: 563-588-0103 AIN: JJB/km(6) ATTORNEY FOR PLAINTIFFS