Claim Suit Gonzales, HoracioIN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY
HORACIO M. GONZALES and,
ROSE J. GONZALES,
Plaintiffs,
VS.
THE CITY OF DUBUQUE, IOWA,
Defendant.
)
)
)
)
)
)
)
)
CaseNo. 01311 LACV 0~'"3o/~ ~[
ORIGINAL NOTICE
TO THE ABOVE-NAMED DEFENDANT:
o You.,are~nofifi,ed ~at .a, .Petifi.on has been filed in the office of the Clerk of this Court naming
y u as me ~erenaant m tins actmn. A copy of the Petition (and any documents filed with it) is
attach~ed to this notice. The attorney for the plaintiffs is Russel A. Neuwoelmer, whose address is
698 uentral Avenue, P.O. Box 1811, Dubuque, Iowa 52004-1811. That attorney's telephone
number is (563) 557-8051; facsimile number is (563) 557-8052.
o You, mu.,s,t.serve a mo~?n .o.r a~.,wer ~wi.'thin~20 days after service of this Original Notice upon
[oC~u~, w~tm~n a r?aso~n~ayte~me me_rearrer, roe.your motion or answer with the Clerk of Court
, , .uouque coumy, ar me county Courthouse m Dubuque, Iowa. If you do not, judgment by
aerault may be rendered against you for the relief demanded in the Petition.
If you .require,. the assistance o.f auxiliary aids or services to participate in court because of a
disability, ~mmemately call your district ADA coordinator at (563) 589-4448. (If you are hearing
impaired, call Relay Iowa TTY at 1-800-735-2942).
(SE L)
CLERK OF COURT
Dubuque County Courthouse
Dubuque, Iowa 52001
IMPORTANT: You are advised to see legal advice at once to protect your interests.
IN THE IOWA DISTRICT COURT IN AND FOR DUBUQUE COUNTY
HORACIO M. GONZALES and
ROSE & GONZALES,
Plaintiffs,
VS.
THE CITY OF DUBUQUE, IOWA,
Defendant.
)
) Case No. 01311 LACV~~
) PETITION AT LAW ~"
) ~
COME NOW Horacio M. Gonzales and Rose J. Gonzales, Plaintiffs, by and through their
Attorney, Russel A. Neuwoehner, who for cause of action against Defendant, The City of
Dubuque, Iowa, state as follows:
COUNT I
1. That at ail times materiai hereto Plaintiffs were residents of Dubuque, Dubuque
County, Iowa.
2. That at all times materiai hereto Defendant The City of Dubuque, Iowa, was an Iowa
Municipaiity located in Dubuque County, Iowa.
3. That at approximately 1:35 p.m., February 6, 2002, Plaintiff Horacio M. Gonzaies
was walking on a public sidewalk aiong Clark Street parailel to the building located at 424-426
West Locust Street, in the City of Dubuque, Dubuque County, Iowa. That at said time and place
Plaintiff Horatio M. Gonzales tripped and fell, resulting in physicai injuries to his forehead
(above the left eye), the fracture of his left hand, injury and braising of the right knee, and
additionai bruising and injury, resulting in pain and suffering and the incurring of medical
expenses in connection with the treatment thereof.
4. That at the time of said incident Defendant The City of Dubuque, Iowa, was
responsible for the repair and maintenance of the public sidewalk upon which Plaintiff Horatio
M. Gonzales was walking.
5. That Plaintiff Horacio M. Gonzaies' fail and resulting injuries occurred as a direct
result of the dilapidated condition and poor maintenance and repair of the sidewalk above-
described, including, but not limited to, the fact that said sidewalk was cracked, broken, uneven
and spauled, and unsafe for pedestrian traffic.
6. That Defendant The City of Dubuque, Iowa, was negligent in the inspection, repair
and maintenance of said sidewaik, and in failing to warn Plaintiff Horacio M. Gonzales of the
danger and risk of injury presented by the unsafe condition of said sidewalk.
7. That the negligence of Defendant The City of Dubuque, Iowa, proximately caused the
injuries and damages sustained by Plaintiff Horacio M. Gonzales.
8. That as a direct and proximate result of the negligence of Defendant The City of
Dubuque, Iowa, Plaintiff Horatio M. Gonzales has sustained, injuries and damages, including,
but not limited to, past medical and hospital expenses, past and future pain and suffering, and
past and future loss of use and disability as the result of said injuries.
9. That as a direct and proximate result of the negligence of Defendant The City of
Dubuque, Iowa, Plaintiff as sustained losses and damages in excess of the jurisdictional limits of
the Associate District Court.
WHEREFORE, Plaintiff Horacio M. Gonzales prays for Judgment against the Defendant
for monetary damages in amount which will fully, fairly and completely compensate him for his
injuries and damages, plus interest as provided by law, and the costs of this action.
COUNT II
1-7. That the allegation contained in pamgraphs one through seven of Count I are
incorporated herein by this reference as though fully set forth.
8. That at all times material hereto Homcio M. Gonzales and Rose J. Gonzales were
husband and wife.
9. That as a direct and proximate result of the accident and injuries sustained by Homcio
M. Gonzales as above set forth, Plaintiff Rose J. Gonzales has sustained and continues to endure
injury and damages as the result of the loss of services, care and companionship of her husband,
Homcio M. Gonzales.
WI-IEREFORE, Plaintiff Rose J. Gonzales prays for Judgment against Defendant for
monetary damages in an amount which fully, fairly and completely compensate her for her
injuries and damages, plus interest as provided by law, and the costs of this action.
HORACIO M. GONZALES and
ROSE J. GONZALES, Plaintiffs
By:
Dubuque, IA 52004-1811
(563) 557-8051
Attorney for Plaintiffs