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Suit by Kathleen McCarthy Copyrighted June 5, 2017 City of Dubuque Consent Items # 2. ITEM TITLE: Notice of Claims and Suits SUMMARY: Cathleen Clausen for vehicle damage, Richard Kaufman for vehicle damage, Mathew Kowalske for vehicle damage, Kathryn Oleson for personal injury, Robert Mootz for vehicle damage, Corrine Morris for vehicle damage, Carol Moyer for property damage, Courtney Schminkey for vehicle damage, suit by Kathleen McCarthy for the estate of Thomas McCarthy for wrongful death. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Refer to City Attorney ATTACHMENTS: Description Type Clausen Claim Supporting Documentation Kaufman Claim Supporting Documentation Kowalske Claim Supporting Documentation Mootz Claim Supporting Documentation Morris Claim Supporting Documentation Moyer Claim Supporting Documentation Oleson Claim Supporting Documentation Schminkey Claim Supporting Documentation McCarthy Suit Supporting Documentation I E-FILED 2017 MAY 114:06 PM DUBUQUE-CLERK OF DISTRICT COURT i E IN THE IONVA DISTRICT COURT FOR DUBUQUE COUNTY,IOWA KATHLEEN M.MCCARTHY,Individually and as s Administrator of the ESTATE OF MATTHEW THOMAS MCCARTHY,Deceased, I i t Plaintiffs LAW NO, 0131I vs. DUBUQUE RACING ASSOCIATION,LTD., MYSTIQUE,d/b/a,Q, I HILTON GARDEN INN, and CITY OF DUBUQUE, Defendants. 1 I TO THE ABOVE-NAMED DEFENDANT: i You are notified that a Petition has been filed in the Office of the Clerk of this Court, naming you as a Defendant in this action.A copy of the Petition is attached to this Notice.The attorneys for the Plaintiffs is Susan M.Hess,whose address is Hammer Law Firm,P.L.C.,590 Iowa Street, Suite 2,Dubuque,IA 52001..The attorney's phone number is 563-582-1560; G facsimile number 866-921-6143. You must serve a motion or answer within twenty(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. ti If you need assistance to participate in court due to a disability,call the disability coordinator at(319)833-3332.Persons who are hearing or speech impaired may call Relay Iowa ' TTY(1-800-735-2942). Disability coordinators cannot provide legal advice. t (SEAL) ' Clerk of Court IMPORTANT: YOU ARE ADVISED TO SEED LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS. d 6 a 3 r Co f .. I i R E-FILED 2017 MAY 11 4:06 PM DUBUQUE- CLERK OF DISTRICT COURT STATE OF IOWA JUDICIARY Case No. LACV106117 County Dubuque CaseTille MCCARTHY ET AL V DUBUQUE RACING ASSOCIATION ET AL THIS CASE HAS BEEN FILED IN A COUNTY THAT USES ELECTRONIC FILING. Therefore,unless the attached Petition and Original Notice contains a hearing date for your appearance,or unless you obtain an exemption from the court,you must file your Appearance and Answer electronically. You must register through the Iowa Judicial Branch website at http://v4ww.iowacourts,state.ia.us/Efile and obtain a Icg in and password for the purposes of filing and viewing documents on your case and of receiving service and notices from the court. FOR GENERAL RULES AND INFORMATION ON ELECTRONIC FILING,REFER TO THE IOWA COURT RULES CHAPTER 16 PERTAINING TO THE USE OF THE ELECTRONIC DOCUMENT MANAGEMENT SYSTEM: http:lfwww.iovvacourts.state.ia.us/Efile FOR COURT RULES ON PROTECTION OF PERSONAL PRIVACY IN COURT FILINGS,REFER TO DIVISION VI OF IOWA COURT RULES CHAPTER 16:h1tp://www.iowacourts.state-ia.us/Efile Scheduled Hearing. 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 (319}833-3332 . (If you are hearing impaired,call Relay Iowa TTY at 1.800-735.2942.) Date Issued 05/02/2017 08:58:11 AM y—FTS -- k! r' �cP �Ca District Clerk of Dubuque County /s/ Chanda! Link E-FILED 2017 MAY 01 11:09 AM DUBUQUE-CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY,IOWA KATHLEEN M. MCCARTHY, Individually and as Administrator of the ESTATE OF MATTHEW THOMAS MCCARTHY, Deceased, Plaintiffs LAW NO. 01311 VS. DUBUQUE RACING ASSOCIATION, LTD., MYSTIQUE, d/b/a, Q, HILTON GARDEN INN, and CITY OF DUBUQUE, Defendants. PETITION COMES NOW Plaintiff, and for her Cause of Action against Defendants, states: COMMON ALLEGATIONS Par. No. 1 Plaintiff,KATHLEEN M. MCCARTHY, Individually and as Administrator of the Estate of MATTHEW THOMAS MCCARTHY,deceased, is an adult citizen and resident of the State of Iowa,residing at 5005 Falcon Dr., Dubuque, Dubuque County, Iowa. Par. No. 2 Plaintiff has been duly appointed and is acting as Administrator of the Estate of MATTHEW THOMAS MCCARTHY, deceased,pursuant to an order entered by the District Court of Dubuque County, Iowa,dated October 12, 2016. KATHLEEN MCCARTHY is the mother of the deceased, MATTHEW THOMAS MCCARTHY. Par. No. 3 Defendant DUBUQUE RACING ASSOCIATION,LTD is and was, at all times material hereto, a non-profit company authorized to do business in Dubuque, Dubuque County, Iowa and organized under Iowa Code Section 504. Par. No. 4 On information and belief,Defendant MYSTIQUE,now d/b/a"Q"is and was, at all times material hereto, a Casino located at 1855 Greyhound Park Rd., Dubuque, Iowa, owned by the CITY OF DUBUQUE and operated by DUBUQUE RACING ASSOCIATION, LTD. Page 1 of 4 I E-FILED 2017 MAY 01 11:09 AM DUBUQUE - CLERK OF DISTRICT COURT Par. No. 5 On information and belief,Defendant HILTON GARDEN INN, is and was, at all times material hereto, a hotel located at 1855 Greyhound Park Rd., Dubuque, Iowa, open to the public,owned by MYSTIQUE,now d/b/a/"Q" and operated by DUBUQUE RACING ASSOCIATION, LTD. Par.No. 6 On or about May 16, 2016, while a customer and guest at the MYSTIQUE, now d/b/a/"Q",located at 1855 Greyhound Park Rd., Dubuque,Dubuque County, Iowa,MATTHEW THOMAS MCCARTHY appeared to have developed a medical or other condition that required attention or aid. Par.No. 7 On or about May 16, 2016, MYSTIQUE staff provided a room key to MATTHEW THOMAS MCCARTHY and escorted him from a gaming table at MYSTIQUE,now d/b/a"Q",to the adjoining HILTON GARDEN INN. Par. No. 8 HILTON GARDEN INN provided a hotel room free of charge to MATTHEW THOMAS MCCARTHY, did not call for or render medical aid or attention and escorted him to, and left him in,the hotel room. Par. No. 9 MYSTIQUE,now d/b/a/"Q"and HILTON GARDEN INN knew or should have known that MATTHEW THOMAS MCCARTHY required medical aid or attention as they observed his condition and escorted MATTHEW THOMAS MCCARTHY to his room due to his condition. Par.No. 10 After placing MATTHEW THOMAS MCCARTHYY in the room,HILTON GARDEN INN did not return at any time to check in on his condition. Par.No. I I MATTHEW THOMAS MCCARTHY died later that day in the room that HILTON GARDEN INN staff put him in. Par.No. 12 As a direct and proximate result of Defendants actions of escorting i MATTHEW THOMAS MCCARTHY to a hotel room,that they supplied, leaving him alone in his condition and failing to render or call for medical aid or attention,MATTHEW THOMAS MCCARTHY died. COUNT I NEGLIGENCE (Against All Defendants) I Par.No. 13 Plaintiff realleges paragraphs 1-11 of the Common Allegations as though fully set forth herein. Par. No. 14 Defendants owed a duty to MATTHEW THOMAS MCCARTHY, as a guest, to aid and protect him. I Page 2 of 4 E-FILED 2017 MAY 01 11:09 ANI DUBUQUE - CLERK OF DISTRICT COURT Par. No. 15 Defendants breached that duty by escorting MATTHEW THOMAS MCCARTHY to a hotel room they provided at their cost and leaving him alone when they knew,or should have known, that he was suffering from a condition that required medical assistance. Par.No. 16 Defendants' failure to aid or render medical assistance to MATTHEW THOMAS MCCARTHY proximately caused injury, damage, and death to the DECEASED. Par. No. 17 Defendants' wrongful conduct was a proximate cause of injuries to and the death of MATTHEW THOMAS MCCARTHY, deceased, and resulting in damages, which exceed the jurisdictional limitation, including but not limited to: 1. Loss of accumulation to the Estate of MATTHEW THOMAS MCCARTHY; 2. Lost chance of survival; 3. Physical, mental pain and suffering of MATTHEW THOMAS MCCARTHY from the time of the incident to the time of his death; i 4. Loss of mental and physical function of MATTHEW THOMAS MCCARTHY from the time of the incident to the time of his death; 5. Interest on reasonable burial expenses for MATTHEW THOMAS MCCARTHY from the time of his death until the time when those expenses would be paid; and 6. Loss of society, companionship, support and consortium of the heirs of MATTHEW THOMAS MCCARTHY. Par.No. 18 Defendants conduct and actions of escorting MATTHEW THOMAS MCCARTHY to a room instead of rendering or calling for assistance or aid,was willful and wanton and was done with complete disregard to his health, safety and well-being, subjecting Defendants to punitive damages. WHEREFORE,Plaintiff respectfully requests that the Court enter judgment on their behalf and against the Defendants in an amount sufficient to compensate the Plaintiff for his damages, including punitive damages,together with interest as allowed by law,attorney fees and the costs of this action. JURY DEMAND COMES NOW Plaintiff, and hereby requests trial by jury of the above-captioned matter. Page 3 of 4 E-FILED 2017 MAY 01 11:09 AM DUBUQUE - CLERK OF DISTRICT COURT PLA TIFFS By: iMij Susan M. Hess AT0008785 of HAMMER LAW FIRM,P.L.C. Attorneys for Plaintiffs 590 Iowa Street Suite 2 Dubuque, IA 52001 Telep on : (563) 582-1560 Fax: (866) 921-6143 By: Scott els In �V00'5670 Attorney at Law 3003 Asbury Rd., Ste. I Dubuque, IA 52001 Telephone: (563) 556-4444 Fax: (563) 556-4441 STATE OF IOWA ) ss: COUNTY OF DUBUQUE ) I, KATHLEEN M. MCCARTHY, Individually and as Administrator of the ESTATE OF MATTHEW THOMAS MCCARTHY,Deceased being first duly sworn on oath,depose and state that I am the Plaintiff making the forgoing Petition; that I have read the same and know the contents thereof; and that the statements and allegations therein made are true and correct as I verily believe. " f ` Subscribed and sworn to before me this /6t day of M2017. AUtluj& yl�(3 Notary Public in and for the State of Iowa MICHELLE M. HINKE r Commission Number 773 56 My Comm.Exp.t Page 4 of 4