Claim Hoerker Schainker, JaniceIN THE DISTRICT COURT OF IOWA, INAND FOR DUBUQUE COUNTY
JANICE E. HOERNER f/k/a
JANICE E. SCHAII~ER,
Plaintiff,
V.
MERLIN E. WAGNER
and
CITY OF DUBUQUE, IOWA,
an Iowa municipal corporation,
Defendant.
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) I~W NO. I~CV
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TO THE ABOVE-NAMED DEFENDANTS:
YOU ARE HEREBY NOTIFIED that a Petition has been filed on the 31 si of January,
2003, in the Office of the Clerk of this Court, naming you as the Defendant in this
action. A copy of the Petition (and any documents filed with it) is attached to this
Notice. The Plaintiffs attorneys are James J. Roth & Benjamin J. Roth, whose address is
1400 University Avenue, Suite D, Dubuque, Iowa 52001 (Phone: 563-557-]611; Fax:
563-557-9775).
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 Dubuque County Clerk of Court at the Dubuque County Courthouse, 720
Central Avenue, Dubuque, Iowa 52001. If you do not, judgment by default may be
rendered aga~st 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 district ADA coordinator at 563/589-
4448. (If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942).
CI,ERK OF COURT
Dubuque County Courthouse
Dubuque, Iowa 52001
IIVIPORT-~xNT: YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT
YOUR INTERESTS.
IN THE DISTRICT COURT OF IOWA, IN AND FOR DUBUQUE COUNTY
JANICE E. HOERNER f/k/a
JAN-iCE E. SCHAINKER,
Plaintiff,
V.
MERLIN E. WAGNER
and
CITY OF DUBUQUE, IOWA,
an Iowa municipal corporation,
Defendant.
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) LAW NO. LACV
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PETITION AT I~W
COUNT ONE
Plaintiff, Jan.ice E. Hoerner f/k/a Janice E. Schainker, for cause of action
against the Defendant, Merlin E. Wagner, states:
Iowa,
Plaintiff was at all times material hereto a resident of Dubuque County,
2. Defendant, Merlin E. Wagner, was at all times material hereto a
resident of Dubuque County, Iowa and on or about February 2, 2001, was the owner
of property located at 2711 Jackson Street in Dubuque, Dubuque County, Iowa.
3. On or about February 2, 2001, Plaintiff tripped and fell over a raised
portion of the sidewalk in front of 2711 Jackson Street, Dubuque, Dubuque County,
Iowa.
4. That the proximate cause of the Plaintiffs fall was the negligence of
Defendant, Merlin E. Wagner, in the following particulars:
A. In failing to keep the sidewalk in front of 2711 Jackson Street, Dubuque,
Dubuque County, Iowa, in a safe condition;
B. In failing to inspect the sidewalk in front of 27] 1 Jackson Street, Dubuque,
Dubuque County, Iowa.
C. In failing to repair the sidewalk in front of 2711 Jackson Street, Dubuque,
Dubuque County, Iowa.
5. That as a proximate result of the Defendant's negligence, the Plaintiff
has sustained severe and permanent injuries; has incurred pain and suffering (past,
present and future); has incurred medical expense; has sustained a loss of earnings
and of her future earning capacity; and has sustained a loss of the enjoyment of life,
all to her detriment.
6. That the damages sustained by the Plaintiff are in excess of the small
claims jurisdictional amount and Defendant, Merlin E. Wagner, is liable to her for
said damages.
WHEREFORE, Plaintiff, Janice E. Hoerner f/k/a Janice E. Schalnker, prays for
judgment against Defendant, Merlin E. Wagner, in an amount which will fully, fairly
and adequately compensate the Plaintiff for her loss, for legal interests thereon, and
for the costs of this action.
COUNT TWO
Plaintiff, Janice E. Hoerner f/k/a Janice E. Schainker, for cause of action
against the Defendant, City of Dubuque, Iowa, states:
1. Plaintiff was at all times materi~l hereto a resident of Dubuque County,
Iowa.
2. Defendant, City of Dubuque, Iowa, was at all times material hereto an
Iowa municipal corporation, and on or about February 2, 2001 property located at
2711 Jackson Street was located within the City of Dubuque, Dubuque County, Iowa.
3. On or about February 2, 2001, Plaintiff tripped and fei1 over a raised
portion of the sidewalk in front of 2711 Jackson Street, Dubuque, Dubuque County,
Iowa.
4. That the proximate cause of the Plaintiffs fall was the negligence of
Defendant, City of Dubuque, Iowa, in the following particulars:
~.. In failing to keep the public sidewalk in front of 271] Jackson Street,
Dubuque, Iowa in repair and free from nuisa_r~ce in violation of Code o£Iowa §364.12;
B. In failing to repair the defect in the public sidewalk in front of 2711 Jackson
Street, Dubuque, Iowa at the place where Plaintiff tripped and fell in violation of
Code of Iowa §364. ] 2;
C. In failing to care for, supervise, inspect, and control the public sidewalk in
front of 2711 Jackson Street, Dubuque, Iowa in violation Of Code of Iowa §364.12;
D. In failing to serve notice on the abutting property owner of the sidewalk in
f~ont of 2711 Jackson Street, Dubuque, Iowa prior to Plaintiff tripping and falling
requiring the abutting property owner to repair, replace, or reconstruct the
sidewalk in violation of Code of Iowa §364.12.
5. That as a proximate result of the Defendant's negligence, the Plaintiff
has sustained severe and permanent injuries; has incurred pain and suffering (past,
present and future); has incurred medical expense; has sustained a loss of earnings
and of her future earning capacity; and has sustained a loss of the enjoyment of life,
all to her detriment.
6. That the damages sustained bl, the Plaintiff are in excess of the small
claims jurisdictional amount and Defendant is liable to her for said damages.
WHEREFORE, Plaintiff, Janice E. Hoerner f/k/a Janice E. Schainker, prays for
judgment against Defendant, City of Dubuque, an Iowa municipal corporation, in an
amount which will fully, fairly and adequately compensate the Plaintiff for her loss, for
legal interests thereon, and for the costs of this action.
BY:
JANIICE E. HOERNER f/k/a
JANICE E. SCHAINKER, Plaintiff;
-Jarr~s J. l~oilt DUI000076
BenjaminJ. l~oth DU0016253
ROTH & HENKELS
1400 University Ave., Suite D
Dubuque, iA 52001
Telephone: (563) 557-1611
Facsimile: (563) 557-9775