Claim Suit - Fuerst, ElizabethIN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY
Elizabeth A. Fuerst, )
Plaintiff, )
)
)
City of Dubuque, )
Defendant )
)
LawNo: L x/ o 5 5 8
ORIGINAL NOTICE
TO THE ABOVE NAMED DEFENDANT:
You are hereby notified that a 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 Petition (and any documents
filed with it) is attached to this notice. The attorney for the Plaintiffis Rodney T. Carroll, whose
address is: Dubuque Building, 700 Locust Street, Suite 200, P.O. Box 599, Dubuque, Iowa,
52004-0599. Mr. Carroll's phone number is (563)-557-8400.
You must serve a motion or answer within 20 days after service fttfis Original Notice
upon you, and within a reasonable time thereafter file your motion or answer with the Clerk of
Court for Dubuque County at the Courthouse 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 ass/stance of auxiliary aids or services to participate in court because of a
disability, immediately call your d/strict ADA coordinator at (515) 684-6502. (If you are hearing
impaired, call Relay Iowa TTY at 1-800-735-2942.)
CLERK OF C~RT~'-
Dubuque County Courthouse
Dubuque, Iowa 52001
IMPORTANT:
YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR
INTERESTS.
IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY
ELIZABETH A. FUERST, )
)
Plaintiff, )
)
)
CITY OF DUBUQUE )
)
Defendant )
)
)
Law No.:
PETITION AT LAW
COMES NOW Elizabeth A. Fuerst, by her attorneys, O'Connor & Thomas, P.C., an~ for
cause of action against Defendant, hereby states as follows:
1. At the time of the incident g/ving rise to this lawsuit, Plaintiff, Elizabeth A. Fuerst, was
a resident of Dubuque, Dubuque County, Iowa.
2. Defendant, City of Dubuque, is a municipality &Dubuque County, Iowa.
3. On July 7, 2001, a car operated by Candace Lynn Fuerst, in which PlaintiffElizabeth
A. Fuerst was a passenger, was heading north on Ogilby Road.
4. At the same time, Troy John Kapparos, an employee of the Defendant, was operating a
garbage truck owned by Defendant in a westerly direction on Asbury Road.
5. The car in which plaintiff was a passenger came to a stop on Ogilby Road at the
intersection of Asbury Road.
6. The Defendant's garbage truck turned left from Asbury Road onto O~lby Road and
struck the vehicle in which Plaintiff was a passenger.
7. In operating the Defendant's vehicle, the employee of the Defendant was negligent in
one or more &the following particulars:
(a) In failing to y/eld one half of the roadway to oncoming vehicles in
violation of Iowa Code §321.298;
(b) In failing to maintain a proper lookout;
(c) In failing to maintain control of the vehicle in violation of the common
law;
(d)
In failing to maintain control of the vehicle in violation of Iowa Code
§321.288;
(e)
In driving at a speed greater than was careful and prudent, having due
regard to the traffic, surface and width of the road and all other conditions
then existing, in violation of the common law and in violation of Iowa
Code §321.285;
(0
In driving recklessly, in violation of the common law and in violation of
Iowa Code §321.277; and
In turning at an intersection improperly in violation of Iowa Code
§321.31 .
8. The negligence of the defendant proximately caused injuries to PlaintiffElizabeth A.
Fuerst.
9. As a direct and proximate result of the negligence of the Defendant's employee,
Plaintiff, Elizabeth A. Fuerst, has sustained damages for which she requests fair and reasonable
compensation in an amount in excess of the jurisdictional threshold of this court and which
exceeds the jurisdictional requirement set forth in Rule 6.3, Iowa Rules of Appellate Procedure.
WHEREFORE, Elizabeth A. Fuerst, Plaintiff, prays for damages in a fair and reasonable
amount sufficient to compensate for injuries and damages sustained by her, for interest and costs
as provided by law, and for such further relief, whether legal or equitable, as this court may deem
reasonable and appropriate under the circumstances.
ELIZABETH A. FUERST~ Plaintiff
O'CONNK)~ & THOMAS, P.C.
Dubuque Building
700 Locust Street, Suite 200
P.O. Box 599
Dubuque, IA 52004-0599
Phone (563) 557-8400
Fax (563) 556-1867
Attorneys for Plaintiff
IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY
ELIZABETH A. FUERST, )
)
Plaintiff, )
)
)
CITY OF DUBUQUE )
)
Defendant )
)
)
Law No: LACV053408
DEMAND FOR JURY TRIAL
COMES NOW Plaintiff, Elizabeth A. Fuerst, by her attorneys O'Connor & Thomas P.C.,
and hereby demands trial by jury in the above captioned matter.
ELIZABETH A. FUERST, Plaintiff
BYRodney: T. ~a~roll 00016155
O'CONNOR & THOMAS, P.C.
Dubuque Building
700 Locust St., Suite 200
Dubuque, IA 52001-6874
563-557-8400
Fax: 563-556-1867
Attorneys for Plaintiff