Suit by Ellyn Bechen et al vs. Mystique CasinoTHE IOWA STATE BAR ASSOCIATION
Official Form No. 301
.7
Brad J. Brady
FOR THE LEGAL EFFECT OF THE USE OF
THIS FORM, CONSULT YOUR LAWYER
gTATF
THE IOWA DISTRICT COURT
DUBUQUE COUNTY
.' / i / !
No. LACV (S 5 �' i_(
8oC1R�16=
ELLYN BECHEN, JOSEPH
LEUSCHNER, SUSAN WAHLERT,
JENSEN, JOSEPH EDWARD
JENNIFER BAHL,
VS.
CITY OF DUBUQUE and
ASSOCIATION, LTD. d/b
TO THE ABOVE -NAMED
You are notified that
defendant(s) in this action.
The name(s) and address(es)
Brad J. Brady and Ann C. Gronlund,
BECHEN SR., CONNIE
MELISSA
BECHEN JR., and LAW X
EQUITY •
Plaintiff(s),
DATE PETITION
DUBUQUE RACING
/a MYSTIQUE CASINO, ORIGINAL
Defendant(s).
DEFENDANT(S):
a petition has been filed in the office of the clerk of this
A copy of the petition (and any documents filed with it) is
of the attorney(s) for the plaintiff(s) (is) (are)
2735 1st Avenue SE, Cedar Rapids, IA 52402
t . ,
FILED: t f t` C ,1:1)
NOTICE
court naming you as the
attached to this notice.
The attorney's(s') phone number(s)
facsimile number(a) (319)
(is) (-are) (319) 866 -9277 ;
866 -9280
You must serve a motion or answer within 20 days after service of this original
within a reasonable time thereafter, file your motion or answer with the Clerk of Court
County, at the county courthouse in Dubuque
notice upon you, and
for Dubuque
Iowa. If you do not, judgment
If you require the assistance
immediately call your district
(If you are hearing impaired,
(SEAL)
IMPORTANT: YOU
by default may be rendered against you for the relief demanded in the petition.
of auxiliary aids or services to participate in court because of a disability,
ADA coordinator at (319) 833 -3332
call Relay Iowa TTY at 1- 800 - 735 - 2942.)
CLERK OF COURT
Dubu ue County Courthouse
Dubuque , Iowa 52001
ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS
GThe Iowa State Bar Association 2003 301 ORIGINAL NOTICE FOR PERSONAL SERVICE
IOWADOCS" Revised January, 1999
IN THE IOWA DISTRICT COURT IN AND FOR DUBUQUE COUNTY
ELLYN BECHEN, JOSEPH BECHEN SR.,
CONNIE LEUSCHNER, SUSAN
WAHLERT, MELISSA JENSEN, JOSEPH
EDWARD BECHEN JR., and JENNIFER
BAHL,
Plaintiffs,
vs.
CITY OF DUBUQUE and DUBUQUE
RACING ASSOCIATION, LTD. d/b /a
MYSTIQUE CASINO,
Defendants.
O1311
No. LACV 0575%
PETITION AT LAW
(Jury Demanded)
Plaintiffs Ellyn Bechen, Joseph Bechen Sr., Connie Leuschner, Susan Wahlert, Melissa
Jensen, Joseph Edward Bechen Jr., and Jennifer Bahl, for claims against the City of Dubuque
and Dubuque Racing Association, Ltd. d/b /a Mystique Casino, state:
PARTIES
1. Plaintiffs Ellyn Bechen and Joseph Bechen Sr. are currently residents of
Dubuque, Dubuque County, Iowa, and are husband and wife.
2. Plaintiffs Connie Leuschner. Susan Wahlert, Melissa Jensen. Joseph Edward
Bechen Jr., and Jennifer Bahl are the children of Ellyn Bechen and Joseph Bechen Sr. Plaintiffs
Connie Leuschner, Susan Wahlert, and Jennifer Bahl are currently residents of Dubuque,
Dubuque County, Iowa. Plaintiff Melissa Jensen is currently a resident of Cedar Falls, Black
Hawk County, Iowa. Plaintiff Joseph Edward Bechen Jr. is currently a resident of Urbandale,
Dallas County, Iowa.
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3. Defendant City of Dubuque is the owner of a casino located at-18:53 Gleyhouzd'
Park Road, Dubuque, Dubuque County, Iowa ( "Mystique Casino ").
4. Defendant Dubuque Racing Association, Ltd. is a corporation organized and
existing under the laws of the State of Iowa and at all material times has been the operator of
Mystique Casino.
CIRCUMSTANCES OF COLLISION AND INJURY
5. On the premises of Mystique Casino, there is a portico and two access
driveways —an inner access driveway under the portico and an outer access driveway parking
lot. Upon arrival, Joseph Bechen Sr. stopped his vehicle at the crosswalk bisecting the outer
access driveway.
6. Casino patrons typically enter the casino property by motor vehicle. Upon arrival,
casino patrons typically park their motor vehicle in the casino's parking lot, make a temporary
stop on the access driveways to drop off a passenger, or park their motor vehicle in front of the
main entrance for the valet service.
7. There is a painted crosswalk that bisects all parking rows in the parking lot,
which was at all material times configured at a ninety degree angle to the main entrance of the
casino, and also bisects the outer access driveway with yield markings on the asphalt of each side
of the crosswalk.
8. The crosswalk leads to the edge of the portico and tell uiinates, providing no
direction or indication to pedestrians or to drivers passing under the portico concerning where
pedestrians are to cross, and no warning to drivers or pedestrians concerning hazards as a result
of cross traffic between pedestrians and vehicles.
9. On the morning of April 10, 2011, Ellyn Bechen, then age 73, and her husband,
Joseph Bechen Sr., arrived at Mystique Casino by motor vehicle.
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10. Ellyn Bechen, seated in the front passenger seat, exited the vehicle at the edge of
the portico and entered the area underneath the portico, using a cane for assistance.
11. The inner access driveway, underneath the portico, has three traffic lanes for
motor vehicles, including two lanes for valet and one lane for pass thru traffic.
12. The delineation of the access driveway's traffic lanes is in the form of white
striping paint on asphalt, which is marked only to the edge of the portico and teiniinates. There is
no traffic lane designated for guest drop off.
13. Of the three traffic lanes, the two valet lanes are located closest to the main
entrance with the pass thru lane located farthest from the entrance. As a result, drivers intending
to use the valet service drive immediately in front of the casino entrance, crossing the routes
commonly taken by pedestrians who are accessing the casino from the vicinity of the parking lot
and outer driveway.
14. The valet station is located on the exiting side of the access driveway and adjacent
to the casino entrance, requiring the drivers who intend to use the valet service to drive into the
path of pedestrians entering and exiting the casino.
15. The primary flow of pedestrians entering the casino is under the portico and
across the three traffic lanes of the inner access driveway.
16. There are no stop, yield or pedestrian crossing signs, delineated crosswalks, speed
humps or other devices, directions or warnings provided either to pedestrians or to drivers
intending to use the valet service to alert drivers and pedestrians of the risk of a coll ision, control
pedestrian or vehicle traffic or otherwise minimize the risk of collision and injury to pedestrians
crossing in front of oncoming vehicles. In addition, the Defendants do not provide attendants or
other personnel to direct, assist and /or supervise pedestrian and vehicle traffic under the portico.
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17. Casino personnel routinely park a casino -owned and operated shuttle van adjacent
to the curb near the front entrance to the casino, partially blocking the inside valet lane and
obscuring the view of the casino entrance by drivers intending to use the valet service. The
shuttle was parked in this position on April 10, 2011 when Ellyn and Joseph Bechen Sr. arrived
at the casino.
18. As pedestrians intersect with motor vehicles under the portico upon their
approach to the main entrance, they enter an area devoid of any identifiable devices, delineation,
signage, warnings, crosswalks, procedures or personnel to direct or control incoming vehicular
traffic in order to prevent or minimize a pedestrian - vehicle collision.
19. As Defendants are aware, many casino patrons, including pedestrians who
approach the front entrance to the casino and drivers who enter the portico near the front
entrance, are elderly and /or have physical disabilities and limitations that increase the likelihood
of pedestrian- vehicle collisions and limit or restrict the ability of pedestrians to protect
themselves from injury by motor vehicles.
20. As Ellyn Bechen was crossing the inner access driveway under the portico to
approach the main entrance, she was struck by an elderly driver who was traveling in the valet
traffic lane closest to the main entrance and driving to the valet station. The elderly driver had
passed the parked casino shuttle bus and entered underneath the portico, stopped briefly in order
to avoid hitting another elderly patron in a wheelchair who was exiting the casino, before driving
into Ellyn Bechen as she was passing in front of his vehicle in order to enter the casino.
21.
The elderly driver ran over Ellyn Bechen with his vehicle, causing serious and
permanent injuries to her and damages to her and the other Plaintiffs as further described below.
22. Joseph Bechen Sr. witnessed the event.
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23. As a result of the above- described harm, Plaintiff Ellyn Bechen has suffered and
will suffer injuries and damages, including but not limited to significant cognitive injuries,
multiple fractures to her ribs, lower spine and pelvis, and past, present, and future doctor,
hospital and other healthcare and medical expenses, and past and future pain, suffering, and loss
of enjoyment of life. _
24. As a result of the above - described haiui, Plaintiff Joseph Bechen Sr. has suffered
and will suffer injuries and damages, included but not limited to emotional distress from
witnessing his wife's injuries, and the expense and loss of services, companionship and society
resulting from the injury to his wife, Ellyn Bechen.
25. As a result of the above - described harm, Plaintiffs Connie Leuschner, Susan
Wahlert, Melissa Jensen, Joseph Edward Bechen Jr., and Jennifer Bahl have suffered and will
suffer injuries and damages, included but not limited to the expense and loss of services,
companionship and society resulting from the injury to their mother, Ellyn Bechen.
26. Plaintiffs' damages exceed the jurisdictional requirement of Rule 6.105 of Iowa
Rules of Appellate Procedure.
27. At all material times. including April 10. 2011. the premises and practices at the
Mystique Casino were as described in 7 through 19 above.
FAULT
28. Plaintiffs re- allege and incorporate by this reference the allegations in paragraphs
1 -27.
29. Defendants were at fault for the injuries and damages to Plaintiffs, including but
not limited to:
a. Failing to provide and maintain-a pedestrian access that would minimize the
conflict between pedestrian and vehicle traffic;
b. Failing to provide appropriate crosswalks and walkways for pedestrians;
c. Failing to provide for and locate valet service and pedestrian drop -off in a way
that would minimize the risk of collision and injury to pedestrians;
d. Failing to provide stop, slow, yield, pedestrian or other appropriate signs,
directions or warnings to direct and control pedestrian traffic and vehicular
traffic;
e. Failing to provide other devices, such as speed humps, raised crosswalks,
stanchions or other appropriate devices, to control vehicle traffic and
minimize risk of pedestrian injury;
f. Failing to provide adequate personnel to supervise, control and direct vehicle
and pedestrian traffic;
g. Failing to provide for pedestrian access that adequately considered the age and
physical limitations of pedestrians and drivers who commonly use the casino
premises;
h. Failing to provide an accessible route for ingress to and egress from the casino
by pedestrians who are elderly and have physical limitations;
Failing to otherwise adequately provide for the safety of pedestrians entering
the casino.
30. The fault of Defendants was a cause of Plaintiff' injuries and damages. and those
injuries and damages are within the scope of Defendants' liability.
WHEREFORE, Plaintiffs Ellyn Bechen, Joseph Bechen Sr., Connie Leuschner, Susan
Wahlert, Melissa Jensen, Joseph Edward Bechen Jr., and Jennifer Bahl request judgment against
Defendants City of Dubuque and Dubuque Racing Association, Ltd. d /b /a Mystique Casino in an
amount that will fully and fairly compensate them for their injuries, losses and damages, together
with interest as provided by law, and the costs of this action.
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JURY DEMAND
Pursuant to IowA R. Civ. P. 1.902, Plaintiffs hereby demand a trial by jury of all issues
triable to a jury.
Respectfully submitted,
Br J. Brady,
atit., /Lts:)., \JCL-6S
Ann C. Gronlun T0010933
BRADY & O'SHEA, P.C.
2735 et Avenue SE
Cedar Rapids, IA 52402
Phone: 319/866 -9277
Fax: 319/866 -9280
bbrady @bradyo she a. com
agronlund @bradyoshea. com
ATTORNEYS FOR PLAINTIFFS
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