Suit by Eunice Meyer v Kinsenth Hotel Corp. and City of Dubuque Copyrig hted
J uly 6, 2020
City of Dubuque Consent Items # 2.
City Council Meeting
ITEM TITLE: Notice of Claims and Suits
SUM MARY: Darlene Hughes for property damage, Joan Reimer for property
damage, Dane Schrobilgen for vehicle damage; Suit by Eunice Meyer v.
Dubuque Hotel Partners, LLC, Kinseth Hotel Corporation, and City of
Dubuque.
SUGGESTED Suggested Disposition: Receive and File; Referto CityAttorney
DISPOSITION:
ATTACHMENTS:
Description Type
Claim by Darlene Hughes Supporting Documentation
Claim by Joan Reimer Supporting Documentation
Claim by Dane Schrobilgen Supporting Documentation
Suit by Eunice Meyer Supporting Documentation
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E-FILED 2020 JUN 18 12:27 PM JOHNSON - GLERK OF DISTRICT COURT �
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IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY
EUNICE MEYER, Case No. LACV081335 '�
Plaintiff, j
v.
ORIGINAL NOTICE -
DUBUQUE HOTEL PARTNERS, LLC CITY OF DUBUQUE, IOWA
and KINSETH HOTEL CORPORATION; '�
and CITY OF DUBUQUE, IOWA.
Defendants.
TO THE ABOVE-NAMED DEFENDANT: ,�
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City of Dubuque, Iowa
YOU ARE HEREBY NOTIFIED that an Amended and Substituted
Petition has been filed in the office of the Clerk of this Court naming you as the
Defendant in this action. A copy of the Amended and Substituted Petition (and
any documents filed with it) is attached to this Notice. The attorney for the
Plaintiff is Joseph G. Gamble, whose address is 400 Locust Street, Suite 380, i':
Des Moines, IA 50309. That attorney's telephone number is (515) 288-6440,
facsimile number (515) 288-6448. ;'
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 Johnson County, Iowa. If
you do not, �ud��e�t by cle�a��t may hP rPnc3PrPrl aaain�t vn» fnr thP Y'P7�P�'
demanded in the Petition. ��
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If you require the assistance of auxiliary aids or services to participate in I!
court because of a disability, immediately call your district ADA coordinator at i
(515) 286-3394. If you are hearing impaired, call Relay Iowa TTY at 1-800- �'.
735-2942). �
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CLERK OF THE ABOVE COURT F
Johnson County Courthouse �
Iowa City, Iowa �
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YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS. �
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E-FILED 2020 JUN 1$ 12:30 PM JOHNSON - CLERK OF DISTRICT CbURT I
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STATE OF IOWA JUDICIARY caSeNo. LACV081335
coUnty Johnson
CaseTitle EUNICE MEYER V. DUBUQUE HOTEL PARTNERS, LLC, ET AL i
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THIS CASE HAS BEEN FILED IN A COUNTY THAT USES ELECTRONIC FILING. I
Therefore,unless the attached Petition and Original Notice contains a hearing date for your appearance,or unless you obtain an I
exemption from the court,you must file your Appearance and Answer electronicaily. '
You must register through the lowa Judicial Branch website at http://www.iowacourts.state.ia.us/Efile and obtain a log in and 'j
password for the purposes of filing and viewing documents on your case and of receiving service and notices from the court. I
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:/lwww.iowacourts.sta#e.ia.us/Efiile
FOR COURT RULES ON PROTECTION OF PERSONAL PRIVACY IN COURT FILINGS,REFER TO DIVISION VI OF IOWA
COURT RULES CHAPTER 16:http;J/www.iowacourts.state.ia.us/Efile
Scheduled Hearing:
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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)398-3920 . (If you are hearing impaired,call Relay lowa TTY at 1-800-735-2942.)
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Dafe Issued 06/18/2020 12:30:36 PM
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E-FILEC7 2020 JUN 18 1Q:18 AM JOHNSON -CLERK OF DISTRICT COURT 'i
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IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY
EUNICE MEYER, Case No. LACV081335
Plaintiff, i
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v.
AMENDED AND SUBSTITUTED
DUBUQUE HOTEL PARTNERS, LLC; PETITION AT LAW
KINSETH HOTEL CORPORATION; and AND JURY DEMAND
CITY OF DUBUQUE, IOWA,
Defendants.
COMES NOW the Plaintiff, by and through the undersigned counsel, and
for her Amended and Substituted Petition at Law and Jury Demand
respectfully states as follows:
1. The Plaintiff, Eunice Meyer, is a resident Jasper County, Iowa.
2. Defendant Dubuque Hotel Partners, LLC, is an Iowa limited
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liability company and resident of Johnson County, Iowa.
3. Defendant Kinseth Hotel Corporation an Iowa corporation and
resident of Johnson County, Iowa.
4. Defendant City of Dubuque, Iowa is a municipal corporation
organized under Iowa Code Chapter 670 and located in Dubuque County, Iowa. II''
5. Venue is proper in this Court as it is the county of residence of one ;;
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or more of the Defendants.
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6. The damages resulting from the injuries described herein exceed !
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the jurisdietional amount for small clairra� court. �
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E-FILED 2020 JUN 18 10:18 AM JOHNSON - CLERK OF DISTRICT COURT ''�
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7. Defendants Dubuque Hotel Partners, LLC and Kinseth Hotel
Corporation own and/or operate a hotel at or near 450 Main Street inside the i
boundary of Defendant City of Dubuque, Iowa. �
8. On or about April 13, 2018, the Plaintiff was a customer of that
hotel.
9. At that time, the sidewalk outside of that hotel was in an unsafe,
poorly maintained condition which involved an unreasonable risk of injury to a
person in the Plaintiff's position.
10. Upon information and belief, maintenance of the sidewalk is the
responsibility of all of the Defendants.
11. Alternatively, maintenance of the sidewalk is the responsibility of
Defendant Dubuque Hotel Partners, LLC.
12. Alternatively, maintenance of the sidewalk is the responsibility of
Defendant Dubuque Hotel Partners, LLC.
13. Alternatively, maintenance of the sidewalk is the responsibility of
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Defendant City of Dubuque, Iowa.
14. Regardless, all of the Defendants are at fault for and are liable for '�
the Plaintiff's injuries described below.
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15. Defendant Dubuque Hotel Partners, LLC knew or in the exercise of �
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reasonable care should have known of the unsafe, poorly maintained condition ;
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of the sidewalk. � ��
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E-FILED 2020 JUN 18 10:18 AM JOHNSON - CLERI�OF DISTRICT CtJURT �!
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16. Defendant Kinseth Hotel Corporation knew or in the exercise of
reasonable care should have known of the unsafe, poorly maintained condition
of the sidewalk.
17. Defendant City of Dubuque, Iowa knew or in the exercise of
reasonable care should have known of the unsafe, poorly maintained condition
of the sidewalk.
18. On or about April 13, 2018, the Plaintiff fell on the sidewalk
outside of the hotel at 450 Main Street due to the unsafe, poorly maintained
condition and suffered significant personal injuries.
19. All of the Defendants, and each of them, owed a duty of reasonable
care to the Plaintiff.
20. All of the Defendants, and each of them, were negligent and at
fault in particulars including, but not limited to:
a. Failure to remedy a known unsafe condition;
b. Failure to inspect the walkway to determine unsafe conditions;
c. Failure to warn the Plaintiff of the unsafe condition;
d. Creating an unreasonably dangerous condition;
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e. Failing to act as a reasonable hotel owner and/or operator of
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there existing; 15
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f. Failing to discover the defect and notify the owner; �
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g. Failing to maintain a pedestrian walkway; and u
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h. Failing to exercise reasonable care under the circumstances.
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E-FILED 2CJ20 JUN 18 10:18 AM JOHNSON -GLERK OF DISTRICT COURT ��
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21. The Defendants' negligence and fault caused personal injuries and
damages to the Plaintiff. ,�
WHEREFORE, the Plaintiff respectfully requests entry of judgment
against the Defendants in such an amount as will fully and fairly compensate
her for damages sustained, together with interest at the rate allowable by law,
the costs of this action, and for any further relief as this Court deems
appropriate.
JURY DEMAND
The Plaintiff respectfully requests a trial by jury on all issues in this case.
_/s/Joseph G. Gamble
Joseph G. Gamble AT0009417
DUNCAN GREEN, P.C.
400 Locust Street, Suite 380
Des Moines, IA 50309-2363
Telephone: (515) 288-6440 �''
Facsimile: (515) 288-6448 �:
j gamble@duncangreenlaw.com
ATTORNEY FOR PLAINTIFF
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