Claim, Woodman, MyraIN TIlE IOWA DISTRICT COURT 1N AND FOR DUBUQUE COUNTY
MYRA K. WOODMAN and
STANLEY A. WOODMAN, SR.,
wife and husband,
11605 Kennedy Rd.
Dubuque, IA 52001
Plaintiffs,
VS.
CITY OF DUBUQUE, IOWA and
DUBUQUE COUNTY,
De~ndams.
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No. L,,4¢ xJ o X-3/o$
ORIGINAL NOTICE
TO THE ABOVE NAIV[ED DEFENDANTS:
YOU ARE HEREBY NOTI3'IED that there is now on file in the office of the Clerk of the
above named Court, a Petition in the above entitled action, a copy of which Petition is attached
hereto.
The Plaintiffs' Attorney is Joseph J. Bitter, Bitter Law Offices, 485 Locust Street,
Dubuque, Iowa, 52001.
YOU ARE FURTHER NOTIFIED that unless, within 20 days after service of this
Original Notice upon you, you serve, and within a reasonable time thereafter file, a Motion or
Answer in the Iowa District Court for Dubuque County, at the Dubuque County Courthouse in
Dubuque, Iowa, judgment by default will be rendered against you for the relief demanded in the
Petition~
CLERK OF COURT
NOTE: The Attorney who is expected to represent the Defendant should be promptly
advised by Defendant of the service of this Notice.
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 TTY at 1-800-735-2942.)
IN THE IOWA DISTRICT COURT 1N AND FOR DUBUQUE COUNTY
MYRA K. WOODMAN and
STANLEY A. WOODMAN, SR.,
wife and husband,
11605 Kennedy Rd.
Dubuque, IA 52001
Plaintiffs,
VS.
CITY OF DUBUQUE, IOWA and
DUBUQUE COUNTY,
Defendants.
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01311 LACV
PETITION
Plaintiffs for cause of aetion against the Defendants state:
COMMON ELEMENTS
1. Plaintiffs Myra K. Woodman and Stanley A. Woodman, Sr. are wife and husband
and reside at 11605 Kennedy Rd., Dubuque, Iowa, 52001.
2. The incident complained of in this lawsuit occurred on or about May 8, 2002 in
the early afternoon hours in Dubuque, Dubuque County, Iowa.
3. On the above date, Plaintiff Myra K. Woodman was attempting to enter the
Dubuque Law Enforcement Center through the Iowa Street entrance. At that time she was on a
business trip and was a business invitee.
The property upon which the Plaintiff fell was under the joint control of both the
City of Dubuque and Dubuque County. At that particular time and place, the sidewalk was
uneven and raised, and posed an unreasonable risk to Plaintiff Myra K. Woodman and other
customers and business invitees.
5. As Plaintiff Myra K. Woodman was entering the Law Enforcement Center for the
purpose of processing a license and obtaining the signature of the Dubuque Chief of Police, she
fell on the uneven condition of the sidewalk.
6. The condition of the sidewalk caused the fall of the PlaintiffMyra K. Woodman
and resulted from the negligence of the City of Dubuque and Dubuque County in failure to
properly inspect, repair, maintain, and improve its public sidewalks.
CLAIM OF MYRA K. WOODMAN
7. As a proximate result of the negligence of the Defendants as aforesaid, Plaintiff
Myra K. Woodman was caused to slip, trip, and fall and received serious and permanent injuries,
causing her pain and suffering, in her earnings and earning capacity, and making her liable for
necessary medical care, all to her detriment. She was also injured in the capacity as a wife and
mother.
Court.
The mount of this claim exceeds the jurisdictional limits of Associate District
WHEREFORE, the Plaintiff Myra K. Woodman prays that the Court render judgment in
her favor and against the Defendants in a sum sufficient to compensate her for her injuries and
other damages, and for the costs of this action.
CLAIM OF STANLEY A. WOODMAN, SR
9. As a proximate result of the negligence of the Defendants as aforesaid, this
Plaintiffs wife, Myra K. Woodman, was caused to slip, trip, and fall and as a result, Stanley A.
Woodman, Sr. suffered the loss of his wife's love, affection, companionship, and consortium.
10. The amount of this claim exceeds the jurisdictional limits of Associate District
Court.
WHEREFORE, the Plaintiff Stanley A. Woodman, Sr. prays that the Court render
judgment in his favor and against the Defendants in a sum sufficient to compensate him for his
damages, and for the costs of this action>....---h
Respectfully submitted: Joseph J. Bitter
BITTER LAW OFFICES
Dubuque, IA 52001
563-588-4608
FAX: 563-588-0103
AIN: 479-38-5991
JJB/km(6)
ATTORNEY FOP. PLA1NTI~'FS