Claim Suit Ness, M.L.
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FOR THE LEGAL EFFECT OF THE USE OF
THIS FORM. CONSULT YOUR LAWYER
b':i./~~~~T:.;,e3~:R ASSOCIATION Alfred E. Hughes ISBA # 02563
THE IOWA DISTRICT COURT
DUBUQUE COUNTY
MARY LOU NESS
LAW
ŒI
Plaintiff(s),
EQUITY D No.0l311 LACY
DATE PETITION FILED:-3J 5/64
VS.
CITY OF DUBUQUE, IOWA
ORIGINAL NOTICE
Defendant(s).
TO THE ABOVE-NAMED DEFENDANT(S):
You are notified that a petition has been filed in the office of the clerk of this court naming you as the
defendant(s) in this action. A copy of the petition (and any documents filed with it) is attached to this notice.
The name(sJ and address(esJ of the attorney(sJ for the plaintiff(s) (is) (are)
Alfred E. Hughes, Hughes & Trannel, P.C.
1154 Iowa Street, Dubuque, lA 52001
The attorney's(s') phone number(s) (is){are\563-557-7360
facsimile number(s-) 563-557-1018
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 the county 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 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.)
(SEAL)
CLERK OF COURT
Dubuque
~ ßJ.~~
County Courthouse
Dubuque
,Iowa 52001
IMPORTANT: YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS
@Th,'~ Stale °""""'.';002001
10WADOCS.
301 ORIGINAL NOTICE FOR PERSONAL SERVICE
R";,,d j,"""y. 1999
ot¡ i'\!\R -5 !\i'\ 1\: 38
IN THE row A DISTRICT COURT, IN AND FOR DUBUQUE COUNT):':
c:ÎJíj~ÙQdi:t,UN[Y.
MARY LOU NESS,
DOB: 4-24-1935
Plaintiff,
vs.
No. 01311 LACV os3lJ-/O
CITY OF DUBUQUE, IOWA
Defendant.
PETITION-AT-LA W
Comes now Plaintiff, Mary Lou Ness, and states:
1.
That Plaintiff, Mary Lou Ness, is a resident of Jo Daviess County,
Illinois.
2.
That the City of Dubuque is a municipal corporation in the State of
Iowa.
3. That on the 9th day of November, 2003, the Plaintiff, Mary Lou Ness,
was walking on the City sidewalk in a northerly direction at 2616 Windsor Avenue, along
the premises known as the Michael's Bar X.
4. That Windsor Avenue is a public street in the City of Dubuque, Iowa,
bounded by sidewalks owned by the City of Dubuque, located on both the easterly side
and westerly side of said Windsor Avenue.
5. That at a point that is located on the easterly side of the Bar X
premises, there is a sidewalk defect that creates a space between two sections of concrete
sidewalk, and also one uneven or raised section of concrete sidewalk.
6. That the defect in the sidewalk caused the Plaintiff to trip, fall and
sustain serious personal injuries.
7. That the City of Dubuque, by its officers, agents and employees, was
negligent in failing to properly care for and maintain the sidewalk.
8. That the defect in the sidewalk was not readily apparent to the
ordinary pedestrian, but was such that it caused the Plaintiff to trip, fall and sustain the
injuries hereinafter described.
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. .
Page 2 of2 Pages
9.
alleged defect.
That the Plaintiff had no actual knowledge of the existence of the
10. That as a proximate result of the fall caused by the negligence of the
City, the Plaintiff sustained injuries, including, but not limited to, the following:
(a) That Mary Lou Ness's left hand was fractured and her left ann
and hand were bruised.
(b) That Mary Lou Ness sustained an injury to the left side of her
face causing a tooth to protrude through her lip.
(c) That Mary Lou Ness sustained injuries to the left side of her
chest which caused bruised ribs.
(d) That Mary Lou Ness sustained a bruised right hand, resulting in
scrapes and bruises.
(e) That Mary Lou Ness sustained scrapes and bruises on both her
legs.
11. That as a result of the injuries that the Plaintiff incurred, the Plaintiff
has incurred medical expenses in the past and will incur medical expenses in the future.
12. That as a result of the injuries sustained, the Plaintiff has incurred
pain and suffering in the past and will incur pain and suffering in the future.
13. That the Plaintiff has incurred a loss of time :!Tom her normal
activities in the past and will incur a loss of time :!Tom her normal activities in the future.
WHEREFORE, the Plaintiff, Mary Lou Ness, demands Judgment against
in an amount that is in excess of the $5,000.00 jurisdictional amount for the Associate
District Court ofIowa and in such amount as will be warranted by the evidence presented
~ the case.
§
Hughes & Trannel, P.c.
1154 Iowa Street
Dubuque, IA 52001
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MARY LOU NESS, Plaintiff,
By /1L..J .A4Ý- L A/ -- /
AÍfted Ë. Hughes - OOO~
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Attorney for Plaintiff
nos' mary Iou petition.doc/,h