Claim Suit, Huseman, MaryTHE IOWA STATE BAR ASSOCIATION I I FOR THE LEGAL EFFECT OF THE USE OF
I I THIS FORM, CONSULT YOUR LAWYER
Official Form No. 30i Robert J. Murphy ISBA # 08544
THE IOWA DISTRICT COURT
DUBUQUE COUNTY
EQUITY ~ No.
PIaintiff(s), DATE PETITION FILED:
VS.
John Gra~ic ~/a BWT Dove]opmen~ Eichard J.
ORIGINAL NOTICE
Defendant(s).
TO THE ABOVE-NAMED DEFENDANT(S):
You are notified that a petition has b~n filed in the office of the clerk of this cou~ naming you as the
defendant(s) in this action. A copy of the petition (and any documents filed with it) is attached to this notice.
The name~ and address~ of the aEorney~ for the plaintiff(s) (is) (~)
The attorney's(~ phone number~ (is) (~ 5~3/5~7-9000 ;
facsimile number(s)
You must sewe a motion or answer within 20 days after sewice of this original notice upon you, and
within a reasonable time ~hereaffer, file your motion or answer with the Clerk of COu~ for Dubuque
County, at the coun~ ~u~house in Dubuque
iowa. if you do not, judgment by default may be render~ against you for the relief demanded ~n the petition.
If you require the assistance of auxilia~ aids or sewices to padicipate in cou~ because of a disability,
immediately ~11 your district ADA coordinator at (5~3)
(S~L) CLERK OF COURT / - '
Dubuqu~ Coun~ Coudhouse
Dubuque , Iowa 52002
IMPORTANT: YOU ARE AD~SED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR iNTERESTS
IN THE IOWA DISTRICT COURT IN AND FOR DUBUQUE COUT'~TY ~<
MARY M. HUSEMAN ) :
CASE NO.
VS.
Plaintiff,
JO~ GRABIC d/b/a
BWT DEVELOPMENT,
RICHARD J. HARTIG and
CITY OF DUBUQUE.
Defendant.
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PETITION AT LAW
COMES NOW the Plaintiff, Mary M. Huseman, by and through her attorney, Robert J.
Murphy as and for her cause of action against the above named Defendants states to the Court as
follows:
1. Defendants John Grabic dPo/a BWT Development are on information and belief
residents of Jo Davies County, Illinois who did work in Dubuque County, Iowa;
2. That the Defendant Richard J. Hartig is a resident of Dubuque County, Iowa;
3. The City of Dubuque is a municipal body which lies in Dubuque County, Iowa;
On or about the 9th day of October, 2001 Defendants John Grabic, d/b/a BWT
Development were performing work for Defendant Richard 'J. Hartig on a wall
building project.
o
On October 9, 2001 the work done by BWT/John Grabic caused a boulder to
dislodge from the hillside which rolled down the hillside a retaining wall in
Plaintiffs back yard nicking the Plaintiffs house and almost hitting a workman
working on the house;
On this same date, October 9, 2001, Defendants Richard Hartig and John Grabic
on behalf of himself and BWT Development came and talked to the Plaintiff,
admitted liability and apologized for actions causing the boulder to roll down the
hill;
The negligence of the Defendants on October 9, 2001 were the proximate cause of
damage to the Plaintiffs wail, yard and house;
On or about October 10, 2001, despite Defendants Grabic/BWT and Hartig's
knowledge of the danger, and due to the negligence of the Defendants, another
large boulder dislodged fxom the hillside and impacted the home causing major
damage to the home and destroying personal property. This boulder dislodging
was caused proximately by the negligence of the Defendants and caused
significant damage to the home of the Plaintiff including damage to personal
property;
10.
The impact of the October l0th collision caused the house to be unusable for two
weeks and forcing the Plaintiff and her son to fred other accomodations;
Plaintiff further suffered damage as a result of the October 9th and October l0th
incidents in that she has suffered from great fem' and depression and has had to
seek medical trealment for her condition;
11.
Defendant, City of Dubuque, was aware of the construction project, issued a
permit for the wall constmction and did not force the contractor to take or make
adequate safeguards for safeguarding the Defendants home;
The negligence of the City in not properly inspecting and supervising this
construction project, led proximately to the damages caused by the dislodged
boulders;
13.
As part of the project which dislodged the boulders, Defendant Richard J. Hartig
built a large retaining wall which has diverted the natural flow of water from Villa
Street on which the Defendant lives to the back yard of the Plaintiff;
14.
Further, Defendant, Richard J. Hartig, is utilizing a large drain pipe to drain the
water from his street to the Plaintiffs backyard;
15.
The City of Dubuque was made aware of this project, reviewed this project,
supervised this project and provided a building permit for this project and has
allowed this project to divert the natural flow of water to the Plaintiffs backyard
causing it to be unusable and causing seepage into the Plaintiffs basement ail to
her damage;
16.
The negligence on behalf of all Defendants is the proximate cause of the damage
caused by the water now being directed into the baekyard of the Plaintiffs
residence causing damage to the yard and to the foundation and contents
contained in the basement of the home;
WHEREFORE it is prayed that the Plaintiff have Judgment against each of the
Defendants in an amount which will jusdy compensate her for the damages cause to her home;
damages to her personal property; loss of use of her dwelling; the continuing damages caused by
water flowage including loss of use of the backyard of the residence; and for severe emotional
distress resulting in fear, depression and medical trealrnent and for punitive damages based upon
the Defendants, Grabic, BWT and Hartig's reckless disregard of the rights and safety of the
Plaintiff. All these damages are in an amount which greatly exceeds the jurisdictional minimal
limits for the application of the jurisdiction of the Iowa District Court in and for Dubuque
County.
By:
/s/ Robert J. Murphy #00000~44 1/
Attorney at Law
3999 Pennsylvania Ave Suite 3
Dubuque, Iowa 52002
Telephone: 563/557-9000
Facsimile: 563/557-9025
Attorney for Plaintiff
Original: Filed
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