Claim Van Vors, JamesIN THE IOWA DISTRICT
COURTINANDFOR DUBUQUE
JAMES VAN VORS,
Plaintiff,
VS.
PAMELA B. ARENSDORF, d/b/a
INSTANT REPLAY, and
CITY OF DUBUQUE,
Defendants.
ORIGINAL NOTICE
TO THE ABOVE-NAMED DEFENDANTS:
LawNo. Ol311 LACV053114
PAMELA B. ARENSDORF
CITY OFDUBUQUE
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 (and any
documents filed with it) is attached to this notice. The Attomey for the Plaintiff is
Chadwyn D. Cox, Reynolds & Kenline, L.L.P., whose address is 222 Fischer Building,
P.O. Box 239, Dubuque, IA 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 distdct ADA coordinator at (563)
589-4448. (If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942.)
CLERK COURT
Dubuque County Courthouse
Dubuque, IA 52001
(SEAL)
IMPORTANT: YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO
PROTECT YOUR INTERESTS.
S:\WPS\Trac~AChad~VanVors - Pi\Original Notice.wpd
IN THE IOWA DISTRICT COURT IN AND FOR DUBI
JAMES VAN VORS,
VS,
Plaintiff,
PAMELA B. ARENSDORF, d/b/a
INSTANT REPLAY, and
CITY OF DUBUQUE,
Defendants
Law No.___________________
PETITION
COMES NOW, Plaintiff James Van Vors and for his cause of action against the
Defendants state that:
GENERAL ALLEGATIONS
1. Plaintiff is a resident of Dubuque County.
2. Defendant Pamela B. Arensdorf owns and operates the Instant Replay
bar located at 1602 Central Avenue, Dubuque, Iowa, and is the owner of the premises
located at that address.
3. Defendant City of Dubuque is the owner of a sideWalk and a set of steps
that abut the premises on the south side, adjacent to 16th Street.
4. At approximately 10:00 p.m. on October 13, 2001, Plaintiff exited the bar
via the aforementioned steps, suffered a fall and was injured.
COUNT I
5. At the time of Plaintiff's injury, Defendant Arensdod was negligent in one
or more of the following particulars:
a) In allowing patrons to exit the bar via a door that led to defective steps;
b)In failing to warn Plaintiff of the defective nature of the steps encountered
if that exit were used; and
c)In failing to provide light overhead so as to reduce the risk of harm to
patrons using steps.
6. The negligence of Arensdorf was a proximate cause of the damages
sustained by Plaintiff on account of his injury.
7. The damages which Plaintiff has sustained include disability, pain and
suffering, medical expense, and loss of earnings.
COUNT II
8. At the time of Plaintiff's injury, Defendant City was negligent in one or
more of the following particulars:
a)In allowing the public to use steps that violated building code
requirements for uniformity of riser height;
b)in allowing the public to use steps that violated building code
requirements for maximum allowable dser height;
c)In allowing the public to use steps that violated building code
requirements for tread run uniformity;
d)In allowing the public to use steps that violated building code
requirements for minimum tread run; and
e)In allowing the public to use steps that violated building code
requirements for a hand rail.
9. The negligence of City was a proximate cause of the damages sustained
by Plaintiff on account of his injury.
10. The damages which Plaintiff has sustained include disability, pain and
suffering, medical expense, and loss of earnings.
WHEREFORE, Plaintiff prays for judgment against Defendants Arensdorf and
City in an amount sufficient to faidy and adequately compensate him for his injuries
losses, and damages this amount to be in excess of the jurisdictional requirement of
Rule 3 of the Iowa Rules of Appellate Procedure, for interest, for costs of this action,
and for such further relief as is just and equitable.
By:
________________________
JAMES VAN VORS, Plaintiff
Chadwyn D. Cox #O0001033
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 PLAINTIFF
S:\WPS\Trac~'~Chad~VanVo~s - Pl~Petifion,wpd