Claim Kalina, Nancy & LynnCorporation Counsel
Suite 330, Haxbor View Place
300 Main Street
Dubuque, Iowa 52001~944
(563) 583-4113 office
(563) 583-ffi40 ~ax
balesq~rawcLnet
September 30, 2002
Mr. Frank Miller, Jr., Claims Manager
Public Entity Risk Services
5701 Greendale Road
Johnston, Iowa 50131
RE:
Nancy M. Kalina and Lynn J. Kalina vs. City of Dubuque and
Peninsula Gaming Company, LLC d/b/a Dubuque Diamond Jo Casino
Dear Frank:
Enclosed is a copy of an Original Notice, and Petition At Law dated September 3, 2002,
in which the City of Dubuque has been named a defendant, in connection with a slip
and fail that took place on a sidewalk outside the Diamond Jo Casino. The incident
occurred on or about September 3, 2001.
We are forwarding copies of these documents to Les Reddick, Esq., for a defense.
Very s,~ely,
(~rporation Counsel
BAL:tls
Enclosures
cc: Michael Van Milligen, City Manager
, Clerk
IN TI~ IOWA DISTRICT COURT IN AND FOR DUBUQUE COUNTY
NANCY M. KALINA and
LYNN J. KALINA,
Plaintiffs,
VS.
CITY OF DUBUQUE, IOWA, a
Municipal Corporation, and
PENINSULA GAMING
COMPANY, LLC dPo/a DUBUQUE
DIAMOND JO CASINO,
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01311 Law No. LACV 053132
ORIGINAL NOTICE
TO THE ABOVE NAMED DEFENDANT: CITY OF DUBUQUE, IOWA,
a Municipal Corporation
YOU ARE HEREBY NOTIFIED that there is now on file in the office ofthe
Clerk of the above Court a Petition at Law in the above-entitled action, a copy of which
Petition is attached hereto. The Plaintiffs attorney is Philip F. Jensen ofthe law titus of
Hanmuer, Simon & Jensen, whose address is 303 North Bench Street, P.O. Box 270,
Cralena, Illinois 61036 (Phone 815/777-1101).
You are further notitied that unless within twenty (20) days after service ofthi~
Original Notice upon you, you serve, and within a reasonable time thereafter file a written
motion or answer in the Iowa District Court for Dubuque County, at the Dubuque County
Courthouse, 7~ & Central, Dubuque, Iowa, judgment by default wilt be rendered against
you for the relief demanded in the Petition.
(SEA[)
Clerk of the Above Court
Dubuque County Courthouse
720 Central Avenue
Dubuque, IA 52001
NOTE:
The attorney who is expected to represent the Defendant should be
promptly advised by Defendant of the service of this notice.
NOTE:
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 319/589-4446. If you are hearing impaired, call Relay Iowa
TrY at 1-800-735-2942.
IN TIlE IOWA DISTRICT COURT IN AND FOR DUBUQUE COUNTry c~
NANCY M. KALINA and
LYNN $. KALINA,
Plaintiffs,
VS.
CITY OF DUBUQUE, IOWA, a
Municipal Corporation, and
PENINSULA GAMING
COMPANY, LLC d/b/a DUBUQUE
DIAMOND JO CASINO,
Defendants.
PETITION AT LAW
COUNT I
COMPLAINT AGAINST DUBUQUE DIAMOND JO CASINO
COMES NOW Plainti~ NANCY M. KALINA, by and through her attorneys,
philip F. Jeusen of Hammer, Simon & Jeusen, and for her complaint agaln~t Defendant,
PENINSULA GAMING COMPANY, LLC d/b/a DUBUQUE DIAMOND JO CASINO,
states as follows:
1. Plaintiffs, Nancy NL Kalina and Lynn J. Kalina, are husband and wife and
reside at 15540 Wheeler Road, Durand, Illinois 61024.
Defendant, Penin~ula Gaming Company, LLC d/b/a Dubuque Diamond Jo
Casino, is a corporation organi?~l and existing under the laws ofthe Stme of
Delaware and authorized to do business in the State of Iowa with its principal
place of business at Dubuque, Iowa.
The Defendant, Peninsula Gaming Company, LLC d/b/a Dubuque Diamond
Jo Casino (herelnat~er referred to as "Diamond Jo Casino"), leased, operated,
maintained, possessed and controlled certain property located in Dubuque,
Iowa, more particularly descrll~l as the parking lot used by patrons of the
Diamond Jo Casino on September 3, 2001.
At all times material hereto, the Defendant used said property for commercial
purposes and invited the patrons of the Diamond Jo Casino to park vehicles on
said property and use the adjo~nlng sidewalks.
In the course of providing a parking lot for invitees and patrons of the
Diamond Jo Casino, the Defendant authorized, invited and encouraged the
public, including the Plaintifl~ Nancy M. ~ to use the parking lot and
sidewalks for ingress and egress to the Diamond Jo Casino.
At all times material hereto, the Plaintiff, Nancy M. Kalina, was lawfully on
the premises as an invitee and patron of Defendant, Diamond Jo Casino.
At all times material hereto, the Plaintiff exercised ordinary care and caution
for her own safety.
It was then and there the duty of the Defendant, Diamond Jo Casino, to
exercise reasonable care to malntaill the parking lot over which the Defendant
retained control in a reasonably safe condition for the safety ofthe general
public and for those persons, including Plaintif~ coming onto the premises by
invitation from the Defendant.
Notwithstanding its duty, the Defendant, Diamond Jo Casino, was negligent in
one or more of the following ways:
(a) Failing to provide adequate light for the parking lot and associated
sidewalk area;
(b) Permitting the brick sidewalk to unduly settle causing it to be uneven and
a haTard;
(c) Installing the sidewalk and brick walkway with inadequate dirt and base
material so as to allow improper settling of the concrete and brick so as to
~onlE a haTard;
(d) Failing to make reasonable inspection of the sidewalk and brick;
(e) Failing to warn patrons, including Plaintiff, of the presence of the
~mnatural settlement of the sidewalk and brick causing it to become
uneven, dangerous and unsafe atter it knew or should have known of the
dangerous and umafe condition.
10. As a direct and proximate result of one or more of the aforementioned careless
and negligent acts, omi~qsions or beth, the plaintiff} Nancy M. Kalina, suffi~l~l
injuries. Specifically, she tripped on the uneven bricks and sidewalk, fell to
the ground landing on her face, chest, hand and arm. Her hand and elbow
were fractured and her face and chest were bruised. As a result of the injuries,
Plaint/ffwas required to expend money for medical care and treatment.
Furthermore, she suffered pain alld has experienced both temporary and
permanent disability as well as loss of income from her employment.
WItEREFORE, Plaintiff, NANCY M. KALnxlA, prays for a judgment against
the Defendant, Diamond Jo Casino, for a sum of not less than $50,000.00 and
respectfully requests that judgment be entered in her favor against Defendant in an
amount that wilt fully, fairly and adequately compensate her for the damages she has
incurred.
COUNT H
COMES NOW Plaintiff, LYNN J. KAl.INA, by and through h/s attorney, Philip
F. Jensen of Hammer, Simon & Jensen, and for his cause of action agalnm Defendant,
PENINSULA GAMING COMPANY, LLC d/b/a DUBUQUE DIAMOND JO CASINO,
states as follows:
1 - 10. Plaintiffrealleges Paragraphs 1 thi~ugh 10 of Count I as if restated
verbatim herein.
11 } As a pmxlmate result of the aforesaid negligence of Defendant, Diamond Jo
Casino and the resulting injuries to Plaintiff, Nancy 1VL Kallna, Plaintif~ Lynn
J. Kalina, husballd of Nancy M. ]~allna. hgq been deprived of the
companionship, aid, services, affection and society of his wife.
VO~EREFORE, Plaintiff, LYNN J. KAl,INA, prays for judgment in his favor
and agaln~t Defendant, Diamond Jo Casino, in such amount as will fairly, adequately and
justly compensate h~m for his damages so sustained and for the cost of this action.
COUNT I!I
COMES NOW Plaintiff, NANCY lVL KAL1NA, by and through her attorneys,
Philip F. Jensen of Nammer, Simon & Jensea, and for her complaint against Defendant,
CITY OF DUBUQUE, IOWA, states as follows:
1. p!alntiffreatleges Paragraph i of Count i as ifreplead herein verbatim
2. Defendant, City of Dubuque, is a municipal corporation organized and
existing under the laws of the State of Iowa.
3. Defendant, City of Dubuque, owns, maintains, possesses and controls certain
property located in Dubuque, Iowa, more particularly described as the parking
lot ~ by patrons of the Diamond Jo Casino on September 3, 2001.
4. At all times material hereto, the Defendant owned said property and was
aware that patrons of the Diamond Jo Casino would park cars on said property
and use the adjoining sidewalks for ingress and egress to the Diamond Jo
Casino.
5. In the course of providing a parking lot for invitees and patrons of the
Diamond Jo Casino, the Defendant authorized, invited and encouraged the
public, including Plaintiff, to use the parking lot and sidewalks for ingress and
egress to the Diamond Jo Casino.
6. At all times material hereto, the Plalntiffwas lawflJlly on the premises owned
by the City of Dubuque as an invitee and patron of Defendant, Diamond Jo
7. At all times material hereto, the Plalnt[ffexercised ordinary care and caution
for her own safety.
It was then and there the duty of the Defendant, City of Dubuque, to exemise
reasonable care to malntxin the parking lot over which the Defendant retained
control in a reasonably safe condition for the safety of the general public and
for those persons, including Plaintif~ coming onto the premises by invitation
flora the Defendant.
9. Notwithstanding its duty, the Defendant, Diamond Jo Casino, was negligent in
one or more of the following ways:
(f) Failing to provide adequate light for the parking lot and associated
sidewalk area;
(g) Permitting the brick sidewalk to unduly settle causing it to be uneven and
a haT-rd;
(h) Installing the sidewalk and brick walkway with inadequate dirt and base
material so as to allow improper settling of the concrete and brick so as to
become a baTard;
(7 Failing to make reasonable inspection of the sidewalk and brick;
(j) Failing to warn patrons, including Plaintiff, of the presence of the
~mnatural settlement of the sidewalk and brick eansing it to become
uneven, dangerous and nn~afe at~er it knew or should have known of the
dangerous and unsafe condition.
10. As a direct and proximate result of one or more of the aforementioned careless
and negligent acts, omissions or both, the Plalntiff~ Nancy M. lgallna, suffered
injuries. Specifically, she tripped on the uneven bricks and sidewalk, fell to
the ground ianding on her face, chest, hand and arm. Her hand and elbow
were l~actured and her face and chest were bruised. Aq a result of the injuries,
plaintiff was required to expend money for medical care and treatment.
4
Furthermore, she suffered pain and bas experienced both temporary mad
permanent disability as well as loss of income bom her employment.
W~IEREFORE, Plaimiff, NANCY M. KALINA, prays for a judgment against
the Defendant, City of Dubuque, for a sum of not less than $50,000.00 and respectfully
requests that jud~mnent be entered in her favor againgt Defendant in an mount that will
fully, fairly and adequately compensate her for the damages she has incurred.
COUNT IV
COMES NOW Plaintiff, LYNN J. KALINA, by and through his attorney, Philip
F. Jensen of Hammer, Simon & Jeusen, and for his cause of action against Defendant,
CITY OF DUBUQUE, IOWA, states as follows:
1 - 10, Plaintiff rea[leges Paragraphs 1 through 10 of Count I as if restated
verbatim herein.
11. As a proximate result of the aforesaid negligence of Defendant, City of
Dubuque, Iowa, and the resulting injuries to plaintiff, Nancy M. Kallna,
Plaintiff; Lynn J. Kaliua, husband ofNancy M. Kalina~ has been deprived of
the companionship, aid, services, affection and society of his wife.
Wlt-EREFORE, Plaintiff, LYNN J. KAI,1NA, prays for judgment in his favor
and againm Defendant, City of Dubuque, Iowa, in such mount as will fairly, adequately
and justly compensate him for his dalllagcs so sllst~ined and for the cost of this action.
PLAINTI1FS DEMAND TRIAL BY JURY
k¥ikl~ll~ldg~ompl
NANCY M. KALINA and LYNN J. KALINA,
Plaintiffs
Philip F. Jansen
P.O. Box 270
Galena> IL 61036
TEL: (815) 777-1101
FAX: (815) 777-9241
l~mail: pti eusen@~galenalink.com
ATTORNEY FOR PLAINTIFFS