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Claim Suit Ness, M.L. - . 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. ,- . . 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 "- MARY LOU NESS, Plaintiff, By /1L..J .A4Ý- L A/ -- / AÍfted Ë. Hughes - OOO~ ro ~ ;:¡c ã Attorney for Plaintiff nos' mary Iou petition.doc/,h