Claim, Mueller, Vickie - EmilyIN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY
VICKIEMUET3.~, and
EMILY MUELLER, a minor,
by VICKIEMURI3.ER, her
mother and next friend,
Plaintiffs,
THE CITY OF DUBUQUE, IOWA,
A MUNICIPALITY, and IX)RAS
COLLEGE,
Defendants.
Case No. 01311 I~ACV
ORIGINAL NOTICE
05 770
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 Court, a Petition in the
above-entitled action, a copy of which Petition is attached hereto.
The name and address of Petitioner's attorney is Russel A.
Neuwoehner, whose address is 698 Central Avenue, P.O. Box 1811,
Dubuque, IA 52004-1811.
YOU ARE FURTHER NOTIFIED that unless, within twenty (20) days
after service of this Original Notice, you serve, and within a
reasonable time thereafter, file a written Motion or Answer, in the
Iowa District Court for Dubuque County, at the County Courthouse in
Dubuque, Iowa, judgment by default will be rendered against you for
the relief demanded in the Petition.
DATED this ~ day of October, 2001.
Clerk of ~he Above Court
Dubuque County Courthouse
Dubuque, iowa 52001
NOTE:
The attorney who is expected to represent the Respondent
should be promptly advised by Respondent 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 1-800-735-2942).
IN THE IOWA DISTRICT COURT IN AND FOR DUBUQUE COUNTY
VICKIEhXJELLER, and
EHILYMIJELLER, a minor,
by VICKIE h-gELLER, her
mother and next friend,
Plaintiffs,
vs.
THE CITY OF DUBUQUE, IOWA,
A MUNICIPALITY, and LORAS
COLLEGE,
Defendants.
Case No. 01311
PETITION AT LAW
COME NOW the Plaintiffs, by and through their attorney, Russel
A. Neuwoehner, who for cause of action against Defendants, and each
of them, states as follows:
1. That all times material hereto Plaintiffs were residents
of Dubuque, Dubuque County, Iowa.
2. That all times material hereto Defendant City of Dubuque
was an Iowa Municipality located in Dubuque County, Iowa.
3. That all times material hereto Loras College was an
educational institution located in Dubuque County, Iowa.
4. That on or about October 6, 1999, Defendant Loras College
sponsored a concert at said Five Flags Center.
5. Plaintiff Emily Mueller attended said concert as a member
of the audience.
6. That while attending said concert, Plaintiff Emily
Mueller became caught up in a push of the audience toward the
stage, at which time she requested help from a member of the
"Security Staff" that was provided for the concert. Said help
and/or assistance was denied, resulting in said Plaintiff losing
consciousness, and in resulting in injuries to her head and back.
Said Plaintiff was eventually transported to Mercy Medical Center
for examination and treatment.
7. That on the evening of said concert, Defendants City of
Dubuque and Loras College'were negligent, which negligence
included, but was not limited to:
a. In failing to provide adequate control of the
concert audience;
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b. In failing to warn Plaintiffs of the risk of injury
in attending said concert;
c. In failing to provide an adequate amount of
"Security Staff";
d. In failing to properly train the "Security Staff" in
crowd control;
e. In failing to properly train the "Security Staff" in
the handling of emergency situations;
f. In failing to have "Security Staff" help Plaintiff
Emily Hueller from the crowd when she requested such
assistance; and
g. In failing to prevent injury and harm to Plaintiff
Emily Hueller.
8. That the negligence of the Defendants, and each of them,
was the proximate cause of the unconsciousness, injuries, and
damages sustained by Plaintiff Emily Mueller; and of the medical
expenses and emotional distress sustained by her mother, Plaintiff
Vickie Mueller.
9. That as a direct and proximate result of the negligence
of the Defendants, and each of them, Plaintiff Vickie Mueller has
sustained injuries and damages, including, but not limited to:
a. Past medical and hospital expenses;
b. Past emotional pain and distress; and
c. Past loss of companionship and society of her
daughter, Emily Muelter.
10. That as a direct and proximate result of the negligence
of the Defendants, and each of them, Plaintiff Emily Mueller has
sustained injuries and damages, including, but not limited to:
a. Past medical and hospital expenses;
b. Past pain and suffering; and
c. Past loss of enjoyment of life.
1~. That as a result of the negligence of the Defendants, and
each of them, Plaintiffs[have sustained losses and damages in
excess of the jurisdictional limits of the Associate District
Court.
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WHEREFORE, Plaintiffs Vickie Mueller and Emily Mueller pray
for Judgment against the Defendants, and each of them, for monetary
damages in an amount which will fully, fairly and completely
compensate them for their injuries and damages plus interest as
provided by law, and for the cost of this action.
Respectfully submitted,
By:
VICKtE MUELLER and
EMILY MUELLER, Plaintiffs
/s/ Russel A. Neuwoehner
698 Centtral Ave., P.O. Box 1811
Dubuque, IA 5 2004-1811
(563) 557-8051
ATTOrnEY FOR PLAINTIFFS
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