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
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E-FILED 2017 MAY 114:06 PM DUBUQUE-CLERK OF DISTRICT COURT
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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
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TO THE ABOVE-NAMED DEFENDANT:
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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.
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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.
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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
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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
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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
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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.
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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;
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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.
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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
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