Claim Fuerst, CandaceIN THE DISTRICT COURT OF IOWA,
IN AND FOR DUBUQUE COUNTY
CANDACE FI/ERST,
Plaintiff,
CASE NO. mCV
CITY OF DUBUQUE,
Defendant.
ORIGINAL NOTICE
TO THE ABOVE-NAMED DEFENDANTS:
YOU ARE HEREBY NOTIFIED that a petition has been filed on the
7th day of July, 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
Plaintiff's attorney is James J. Roth, whose address is 1400
University Ave., Suite D, Dubuque, Iowa 52001 (Phone: 563-557-
1611; 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 Clerk of Court for
Dubuque County at 720 Central Avenue 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
district ADA coordinator at 563/589-4448. (If you are hearing
impaired, call Relay Iowa TTY at 1-800-735-2942).
CLERK OF
Dubuque Count~ Cour use
Dubuque, Iowa 5200PBD
IMPORTANT: YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT
YOUR INTERESTS.
IN THE DISTRICT COURT OF IOWA,
CANDACE FUERST,
Plaintiff,
IN AND FOR DUBUQUE COUNTY
UL L . ?
Pt; I2:$9
CITY OF DUBUQUE,
Defendant.
...............................
PETITION
The Plaintiff, Candace Fuerst, for cause of action against the
Defendant, City of Dubuque, states:
1. Plaintiff was at all times material hereto a resident of
Dubuque County, Iowa.
2. Defendant, City of Dubuque, is an Iowa municipality.
3. On July 7, 2001 Plaintiff, Candace Fuerst, was stopped on
Ogelsby Street at the stop sign controlling the intersection of
Ogelsby and Asbury Road in the City of Dubuque, Iowa, when a City
of Dubuque garbage truck making a left-hand turn from Asbury to
Ogetsby collided with Plaintiff's vehicle.
4. That the proximate cause of the collision was the
negligence of Defendant, City of Dubuque, through its employee, in
the following particulars:
A. In failing to yield one-half of the right of way;
B. In failing to slow down while coming around the corner at the
intersection;
C. In failing to keep a proper look out;
D. In failing to yield the right of way.
5. That as a proximate result of the Defendant's negligence,
the Plaintiff, Candace Fuerst, has sustained severe and permanent
injuries; has suffered loss of full use of body and incurred pain
and suffering; has incurred medical expense; 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, City of
Dubuque, is liable to her for said damages under the doctrine of
respondeat superior.
WHEREFORE, Plaintiff, Candace Fuerst, prays for judgment
against Defendant, City of Dubuque, in an amount which will fully,
fairly and adequately compensate the Plaintiff for her loss, for
legal interests thereon, and the costs of this action.
CANDACE FUERST, Plaintiff;
James J. Roth ~DU1000076
Benjamin J. Roth ~DU0016253
ROTH & HENKELS
1400 University Ave., Suite D
Dubuque, IA 52001
Phone: (563) 557-1611
Fax: (563) 557-9775