Claim by United Heartland_Rebecca VossIN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY
UNITED HEARTLAND, INC., as Subrogee
of REBECCA R. VOSS,
Plaintiff,
v.
LAW NO. Q)3 // L/ C'Va57//C
ORIGINAL NOTICE
THE CITY OF DUBUQUE, IOWA, -. N
Defendant. °
cn
U)
TO THE ABOVE -NAMED DEFENDANT: CITY OF DUBUQV€JO
cti
YOU ARE HEREBY NOTIFIED that there is now on file in the office of the Clerk
of the above Court, a Petition in the above - entitled action, a copy of which Petition is attached
hereto. Plaintiffs attorneys are Joseph A. Happe and Sarah Franklin of Davis, Brown, Koehn,
Shors & Roberts, P.C., 215 10th Street, Suite 1300, Des Moines IA 50309 -3993.
YOU ARE FURTHER NOTIFIED that unless, within twenty (20) days after service
of this Original Notice upon you, you serve, and within a reasonable time thereafter file, a written
motion or answer in the Iowa District Court For Dubuque County at the county courthouse in
Dubuque, Iowa, default will be entered and judgment rendered against you by the Court.
CLERK OF COURT
NOTE: The attorney who is expected to represent the Defendants should be promptly
advised by the Defendants 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 (515)286 -3394. (If you are hearing impaired, call Relay Iowa TTY at 1- 800 -735-
2942.)
'aids or SCrJICCS IS rC;rICO tO
■ due to a disability such as h- r;n:l
P.11-lericans With Disabilities coorc;;r?or
��. If you are in need of dual party telei,ho;m
v'«;es, call Relay Iowa TIYat1- 800 - 735 -29 2
#2126348
IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY
rJ
UNITED HEARTLAND, INC., as Subrogee
of REBECCA R. VOSS,
Plaintiff,
LAW NO. vi3
0/3/1 LACVGs7gY .
PETITION AT LAW
v. AND
JURY DEMAND
THE CITY OF DUBUQUE, IOWA,
Defendant.
PETITION AT LAW
COMES NOW the Plaintiff, United Heartland, Inc., as Subrogee of Rebecca Voss
(hereinafter "United Heartland "), by and through its attorneys of record, and files this Petition for
negligence against the City of Dubuque, Iowa.
I. THE PARTIES, JURISDICTION AND VENUE
1. United Heartland is a foreign corporation authorized to do business in the State of
Iowa, which had in force and effect at all relevant times a policy of insurance providing workers'
compensation coverage to Area Residential Care, Inc. of 1170 Roosevelt Street, Dubuque
County, Iowa (hereinafter "Area Residential Care ").
2. Rebecca Voss, at all times relevant, was a resident and citizen of the State of
Illinois, residing at 19476 Ridge Drive, East Dubuque, Illinois 61025.
3. Upon information and good faith belief, Defendant City of Dubuque, Iowa, has as
its principal address 50 West 13th Street, Dubuque, Iowa 52001 in Dubuque County, Iowa.
4. At all times relevant, Defendant City of Dubuque, Iowa, owned and maintained
the street in front of a residence located at 761 Carriage Hill, Dubuque, Iowa.
#2126345
5. Venue is proper in Dubuque County, Iowa because the events giving rise to the
Plaintiff s claims occurred in this district.
6. This is a civil action in which the Court has jurisdiction over the parties and the
subject of this matter because the amount in controversy exceeds the jurisdictional minimum.
II. FACTUAL BACKGROUND
The Plaintiff re- alleges Paragraph 1 - 6 of the above allegations as if set forth fully herein
and further states as follows:
7. On January 11, 2010 and all times material, Rebecca Voss was employed by Area
Residential Care.
8. On or about January 11, 2010, Rebecca Voss was exiting a residence where she
was working owned by her employer, when she approached her vehicle on the street owned by
the Defendant and slipped on a large patch of ice that was pooling from water coming from a
source up the street.
9. Rebecca Voss was acting in the scope of her employment when she slipped and
fell:
10. As a result of her fall, Rebecca Voss was injured, required medical attention, was
off work for a period of time and sustained other injuries and damages.
11. At all times material, Plaintiff United Heartland was the workers' compensation
insurer for Area Residential Care.
12. Area Residential Care filed a claim with United Heartland seeking insurance
benefits for the damages it sustained as a result of Rebecca Voss' injury.
13. United Heartland, Inc. has made substantial payments to Area Residential Care
and /or Rebecca Voss pursuant to the policy of insurance.
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14. Pursuant to Iowa Code § 85.22, United Heartland is subrogated to the interests of
Rebecca Voss as it relates to the injury of January 11, 2010 referred to herein and entitled to
recovery for workers' compensation benefits it paid to Rebecca Voss or on her behalf, as well as
proper compensation to Rebecca Voss for pain, suffering, and other personal injuries including,
but not limited to, past and future pain and suffering, past and future use of full mind and body,
and past and future loss of earnings.
COUNT I
NEGLIGENCE AGAINST CITY OF DUBUQUE, IOWA
The Plaintiff re- alleges Paragraph 1 - 14 of the above allegations as if set forth fully
herein and further states as follows:
15. Defendant City of Dubuque had a duty to maintain its streets in a safe manner.
16. Defendant City of Dubuque knew or should have known that ice had accumulated
in an unnatural formation in the area in which Rebecca Voss slipped and fell.
17. Defendant City of Dubuque breached its duties by failing to remove the ice that
had accumulated on its street in an unnatural formation.
18. Plaintiff Rebecca Voss has given timely and due notice of her claim against the
City of Dubuque.
19. Defendant's negligence was the proximate cause of Plaintiff's damages and was
within the scope of liability for Defendants' actions.
20. Plaintiff suffered damages as a result of Defendant's negligence.
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WHEREFORE, Plaintiff demands judgment against the Defendant City of Dubuque,
Iowa for damages, pre- and post judgment interest, and costs, and other relief this Court deems
appropriate.
JURY DEMAND
The Plaintiff respectfully requests trial by jury
Respectfully submitted.
ORIGINAL FILED
DAVIS, BROWN, KOEHN, SHORS
& ROBERTS, P.C.
eph k. Happe ' 1003236
arah K. Franklin AT0009630
215 10th Street, Suite 1300
Des Moines IA 50309 -3993
Phone: (515) 246 -7998
Direct Fax: (515) 471 -7998
JoeHappe@DavisBrownLaw.com
SarahFranklin @DavisBrownLaw.com
ATTORNEYS FOR PLAINTIFF
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