Claim Worden, Raymond & BambiIN THE DISTRICT COURT OF IOWA, IN AND FOR DUBUQUE COUNTY
RAYMOND WORDEN JR., )
and BAMBI WORDEN, )
)
Plaintiffs, )
)
)
CITY OF DUBUQUE, )
)
Defendant. )
No. LACV
0 ..C 3 c/ 7
ORIGINAL NOTICE
TO THE DEFENDANT:
YOU ARE HEREBY NOTIFIED that there is noxv on file in the office of the Clerk of
District Court for the State of Iowa in and for Dubuque County a Petition in this action, a copy of
which is attached hereto. The Plaintift's attorney is Smart G. Hoover of Blair & Fitzsimmons,
P.C., 850 White Street, Dubuque, Iowa 52001.
YOU ARE FURTHER NOTIFIED that unless within 20 days after service of this original
notice upon you, you serve, and within a reasonable time thereafter, file a written special
appearance, motion, or answer, in the Iowa District Court for Dubuque County, at the County
Courthouse in Dubuque, Iowa, judgement by default will be rendered against you for the relief
demanded in the Petition.
By:
CLERK OF COURT
Dubuque County Courthouse
720 CepF~r~ Avenue
Dubuque, IA 52001
Clerk/Deputy Clerk
NOTE: The attorney who is expected to represent the Defendant should be advised promptly of
the service of this Notice.
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) 5894448. (If you are hearing impaired, call Relay Iowa TTY
at 1-800-735-2942)
IN AND FOR THE STATE OF IOWA, DUBUQUE
LACV ~)
Upon the Petition of )
RAYMOND WORDEN JR. and )
05/09/91 )
BAMBI WORDEN, )
01/12/63 )
Plaintiffs, )
vs )
)
CITY OF DUBUQUE, )
Unknown )
Defendant. )
PETITION AT LAW
COMES NOW the Plaintiffs, Raymond Worden Jr. and Bambi Worden, and for cause of
action against the Defendant states:
DIVISION I
Plaintiffs, Raymond Worden Jr. and Bambi Worden, are residents of Dubuque County,
Iowa and lms been for all relevant limes hereto.
Defendant, City of Dubuque, is a municipal corporation in the State of Iowa and its
registered agent is the City Clerk. Its address is 50 W. 13th Street, Dubuque, Dubuque
County, Iowa 52001.
On our about the 14th day of October, 2001, the Plaintiff, Raymond Worden, Jr., was
r/ding his bicycle in Comiskey. Park.
The Defendant is the owner of said park and is responsible for maintenance and
construction of it's equipment.
While tiding his bicycle, this Plaintiff ran into an unmarked cable which was impossible to
see.
This Plaintiff fell offhis bicycle striking his head on the pavement which caused him to
lose consciousness. The fall hurt his back and arm as well. Tl~e cable cut into the area of
his face on the right mandible and caused right facial edema and right facial abrasion and a
laceration of his lip.
The Defendant is negligent in its operation and maintenance of this park in allowing this
cable to exist and failing to give warning to the public of its existence in a place where the
Defendant knew or should have known that children would be playing and where bikes or
skateboards would be used.
8. The Defendant owes a duty to this Pla'mtiff.
The aforesaid negligence of the Defendant was the direct and approximate cause of the
accident, injuries, and damages to this Plaintiff.
This Plaintiff received severe permanent and personal injuries and has endured and will
continue to endure great pain, physical scaring, and inconveniences, and has incurred and
will continue to incur medical and hospital expenses for injuries incurred as a direct and
proximate result of the negligence of the Defendant.
DMSION II
COMES NOW the Plaintiff, Bambi Worden, and for cause of action against the Defendant
states to the Court as follows:
1. This Plaintiff reiterates as set out in full all paragraphs above.
This Plaintiffis the Mother and Guardian and next friend of the minor child and Plaintiff
herein, Raymond Worden Jr.
As a direct and proximate result of the Defendant's negligence and result of injuries to the
Plaintiff, Raymond Worden Jr., the Plaintiff, Bambi Worden, was deprived of the
companionship and services of her son ali to her damage.
DIVISION III
COMES NOW the Plaintiff, Raymond Worden Jr., and for cause of action asserting res
ipsa loquitur, states to the court as follows:
This Plaintiffreiterates as set out in full ail paragraphs above.
On a day prior to October 14, 200t, the Defendant installed the cable which was
unmarked and difficult to see. This was installed in a public park used by children.
The Defendant had exclusive sole control o£the park and 'i~s facilities and had set up that
park and those facilities for the use of children and adults. -.
The Plaintiff, Raymond Worden, used the park for its intended purpose and in the ordinary
expected manor, doing nothing to cause the occurrence herein complained of.
5. On our about October 14, 2001, the Plaintiff was severely hurt in a manor set forth above.
The Plaintiffdoes not know what negligence or defects caused this mishap nor does he
have access to the evidence of the details thereof, which are accessible to the Defendant.
The Plaintiff alleges that said mishap was due to the negligence of the Defendant and
intends to rely on the doctrine of ras ipsa locquitor.
Said mishap would not have occurred had the Defendant had used due car to construct
and maintain the park and its facilities and to construct and maintain them in a prudent and
reasonable manor.
The Plaintiff, Bambi Worden, re-alleges all matters of loss of consortium as previously
stated in as maybe applicable to this division with respect to claims for res ipsa locquitor.
WI-IEREFORE, the Plaintiffs demand judgment against the Defendant and in an mount
reasonable to compensate them for their losses and for such further relief as may be equitable in
the premises.
JURY DEMAND
The Plaintiffs hereby demand trial by jury.
Dated this 9t~ day of October, 2003.
Respectfully submitted,
Plainti~, t~ymond Worden Jr,
Plaintiff, Bambi Worden
B~0~21 ~
Attorney at Law
850 White Street
Dubuque, IA 52001
Phone: (563) 588-1970
Fax: (563) 5564033
E-Mail: DubuqueLaw~aol.com
ATTORNEY FOR PLAINTIFFS
STATE OF IOWA )
) ss
DUBUQUE COUNTY )
I, Bambi Worder~ am the Plaintiff in this action, t have read the statements and allegation
above in the Petition at Law and they are true and correct as I verily believe.
Bambi Worden, Plaintiff
Subscribed and sworn to before me this 9th day of October, 2003.
I o,,~., I TARA HiNDERMAN I
STATE OF IOWA )
) ss
DUBUQUE COUNTY )
I, Raymond Worden Jr., am the Plaintiff in this action, I have read the statements and
allegation above in the Petition at Law and they are true and correct as I verily believe.
Raymon~t W°rden Jr.i Plaintiff
Subscribed and sworn to before me this 9 day of October, 2003.
i~: ICommlss,on Number 72145 I
~ ~,?: ~Aa. 20, 20001 o
IN TIlE IOWA DISTRICT COURT FOR DUBUQUE COUNTY
RAYMOND WORDEN JR. and )
BAMBI WORDEN, )
Plaintiffs, )
)
)
CITY OF DUBUQUE, )
)
Defendant )
Case No. LACV053487
ACCEPTANCE OF SERVICE
I, , the Defendant herein, hereby accept personal service of
the Original Notice filed herein, acknowledge service and receipt of the copy of the document
attached. I furthermore waive any and all rights under the Soldier's and Sailor's Civil Relief Act
of 1940 as amended, waive any further notices in this matter, waive timely filing of the Petition,
and consent to and accept the jurisdiction of this court, all at Dubuque, Dubuque County, Iowa.
Dated this
day of October, 2003.
Printed Name:
Subscribed and sworn to before me this
day of October, 2003.
Notary Public in and for the State of Iowa