Claim by Katherine Kluesner~~ ~ ~
IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY
KATHERINE E. KLUESNER, )
Plaintiff, )
vs. )
CITY OF DUBUQUE, )
Defendant. )
Case No. 01311LACVO55352
ORIGINAL NOTICE
TO THE ABOVE-NAMED DEFENDANT:
You are notified that a Petition has been filed on the 29 day of January,
2008, in the Office of the Clerk of this Court, naming you as the Defendant in this
action. A copy of the Petition (and any documents filed with it) is attached to this
Notice. The Attorney for the Plaintiff is Todd N. Klapatauskas, Reynolds & Kenline,
L.L.P., whose address is 222 Fischer Building, P.O. Box 239, Dubuque, Iowa 52004-
0239. That attorney's phone number is (563) 556-8000; facsimile number (563) 556-
8009.
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, at the County Courthouse in Dubuque,
Iowa. If you do not, judgment by default may be rendered against you for the relief
demanded in the Petition.
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 ~.~;Y.at-'t= '~ ~~~ - 42.)
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CLERK OF COURT
Dubuque County Courthouse
Dubuque, IA 52001
(SEAL)
IMPORTANT: YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO
PROTECT YOUR INTERESTS.
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IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY
KATHERINE E. KLUESNER
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Plaintiff, )
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CITY OF DUBUQUE, ) ~,., ~,,
Defendant. ) g
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COMPLAINT
COMES NOW the Plaintiff, Katherine E. Kluesner, by and through her attorney
Todd Klapatauskas and in support of her cause of action, states the following:
1. Katherine E. Kluesner ("Plaintiff' herein), was a resident of Dubuque County,
Iowa, at all material times herein, whose current mailing address is 2955 Kaufmann
Ave., Apt. 310, Dubuque, IA.
2. Defendant, City of Dubuque, is an Iowa municipality whose address is 50 W.
13th Street, Dubuque, IA 52001 at all material times herein.
3. The incident which is the basis of this cause of action occurred on or about
August 4, 2007, at approximately 9:25 a.m., at the intersection of 12th and Iowa Street,
in Dubuque, Iowa.
4. On the same date and place described in paragraph three above, Plaintiff
was walking at the "Farmer's Market" when she fell on the street.
5. On that date and at that location, Defendant, City of Dubuque was the owner
of the property where the Plaintiff fell.
6. At that same date and location described above, the City of Dubuque was
doing construction work on the street.
above.
7. The Plaintiff tripped and fell as a result of the construction area described
8. The Plaintiff was injured as a result of falling.
9. On that date and at that location, 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.
10. 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. The City of Dubuque further had adequate time prior to the injury to
have taken measure to remedy or protect against the dangerous conditions.
11. On that date and at that 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 maintain the premises;
e) failing to identify dangerous conditions;
f) failing to properly insure that its residents are not injured;
g) creating dangerous conditions; and
h) failing to operate in anon-negligent manner as expected under Iowa law.
12. As a result of the negligent acts including but not limited to those listed
above, Defendant City of Dubuque's negligence proximately caused Plaintiff's damages
including, but not limited to:
a) medical expenses, both past and future;
b) pain and suffering, both past and future;
c) loss of enjoyment of life; and
d) any other damage(s) recognized under Iowa law.
WHEREFORE, Katherine E. Kluesner, herein prays for 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;
permanent disability;
loss of enjoyment of life;
court costs and interest.
which said amount meets jurisdictional requirements and all other relief the Court
deems just in the premises.
KATHERINE KLUESNER, Plaintiff;
By:
Todd N. Klapatauskas - AT#0004288
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of
REYNOLDS & KENLINE, L.L.P.
222 Fischer Building
P.O. Box 239
Dubuque, IA 52004-0239
Tel: (563) 556-8000
Fax: (563) 556-8009
ATTORNEYS FOR PLAINTIFFS
~.
STATE OF IOWA )
SS:
DUBUQUE COUNTY )
I, KATHERINE E. KLUESNER, being first duly sworn on oath, depose and state
that I am the Plaintiff named in the foregoing PETITION; that I have read the same,
know the contents thereof, and the statements contained therein are true and correct as
verily believe.
Katherine E. Kluesner
Subscribed and sworn to before me this ~°%~~~day of January, 2008.
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Notary Public
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