Claim by Gerald HingtgenIN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY
GERALD HINGTGEN, Individually,
and as Executor of the ESTATE OF
JUDY HINGTGEN, and KAREN
MARTIN,
Plaintiffs,
vs.
MANOR CARE OF DUBUQUE, IA LLC,
d/b /a MANOR CARE HEALTH
SERVICES, THE CITY OF DUBUQUE,
and JOHN DOE,
Defendants.
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ORIGINAL NOTICE � 0
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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 in this action. A copy of the petition (and any documents filed with
it) is attached to this notice. The Petition was filed on the 14th day of February, 2011. The
attorney for the Plaintiff is Christopher C. Fry of O'Connor & Thomas,•P.C., whose address is
700 Locust Street, Suite 200, Dubuque, Iowa 52001. The attorneys' phone number is 563/557-
8400; facsimile number 563/556 -1867.
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 1- 563 -589 -4448. (If you are
hearing impaired, call Relay Iowa TTY at 1- 800 - 735- 2942).
(SEAL)
Clerk of Court
Dubuque County Courthouse
720 Central Ave
Dubuque, Iowa 52001
IMPORTANT: YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT
YOUR INTERESTS.
IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY
GERALD HINGTGEN, Individually,
and as Executor of the ESTATE OF
JUDY HINGTGEN, and KAREN
MARTIN,
Plaintiffs,
VS.
MANOR CARE OF DUBUQUE, IA LLC,
d/b /a MANOR CARE HEALTH
SERVICES, THE CITY OF DUBUQUE,
and JOHN DOE,
Defendants.
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PETITION AT LAW AND JURY DEMAND
COME NOW Plaintiffs, Gerald Hingtgen, individually and as Executor of the Estate of
Judy Hingtgen, and Karen Martin, by and through their attorneys, O'Connor & Thomas, P.C.,
and for their causes of action against Defendants Manor Care of Dubuque IA, LLC, d /b /a
ManorCare Health Services, the City of Dubuque, and unidentified defendant John Doe state as
follows:
GENERAL ALLEGATIONS
1. At all times material hereto, Gerald Hingtgen and Judy Hingtgen were husband
and wife and residents of Jackson County, Iowa.
2. Judy Hingtgen died on September 1, 2010.
3. On November 5, 2010, the Estate of Judy Hingtgen was opened in Jackson
County District Court, Probate No. ESPR019529, and Gerald Hingtgen was named as executor
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of the estate.
4. Plaintiff Karen Martin is the surviving adult child of Judy Hingtgen.
5. At all times material hereto, Defendant Manor Care of Dubuque IA, LLC
(hereafter "Manor Care ") was a Delaware limited liability company authorized to, and doing
business in, Iowa.
6. At all times material hereto, Manor Care owned and operated a nursing home
facility in Dubuque, Iowa under the name ManorCare Health Services (hereafter "Dubuque
facility ").
7. Defendant City of Dubuque is an Iowa municipal corporation located in Dubuque
County, Iowa.
8. Defendant John Doe is an unidentified male who at all times material hereto was
employed by Defendant City of Dubuque as a bus driver. Defendant John Doe will be named
once he is identified.
9. The events and incidents giving rise to Plaintiffs' cause of action occurred in
Dubuque County, Iowa.
FACTUAL BACKGROUND
10. Judy Hingtgen suffered a stroke on November 15, 2001 which paralyzed the right
side of her body and took her ability to speak.
11. Judy Hingtgen had to use a wheelchair as a result of the stroke and required
handicap - accessible vehicles to travel from place to place.
12. Judy Hingtgen suffered kidney failure in January, 2005. She required regular
dialysis as a result of her kidney failure.
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ALLEGATIONS CONCERNING PRESSURE ULCERS
13. In connection with the rehabilitation of a broken left femur, Judy Hingtgen was
admitted to Manor Care's Dubuque facility on or about January 27, 2010.
14. Judy Hingtgen resided at Manor Care's Dubuque facilty until April 28, 2010,
when she was transferred to Mill Valley Care Center in Bellevue, Iowa.
15. At all times material hereto, Manor Care held itself out to the public as having
special knowledge, training, and skill in the care of residents such as Judy Hingtgen.
16. Manor Care employed licensed and unlicensed staff to provide care to residents
such as Judy Hingtgen.
17. During the term of her residence at Manor Care, Judy Hingtgen developed at least
three pressure ulcers on her sacral and buttocks regions, including an ulcer on her sacrum that
was first noted by Manor Care staff on or about February 15, 2010 and two ulcers in the area of
her right buttock that were first noted by Manor Care staff on or about March 29, 2010.
18. The nursing staff at Manor Care failed to properly assess Judy Hingtgen's risk of
developing pressure ulcers and failed to develop adequate interventions to prevent pressure
ulcers from forming.
19. Manor Care failed to properly assess and treat Judy Hingtgen's pressure ulcers,
and as a result, the ulcers worsened and became infected.
ALLEGATIONS CONCERNING THE MARCH 25, 2010 MINIBUS ACCIDENT
20. While Judy Hingtgen was a resident at Manor Care's Dubuque Facility, she
regularly attended dialysis appointments at Tri -State Dialysis in Dubuque, Iowa.
21. On March 25, 2010, employees of Manor Care placed Judy into a wheelchair in
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ALLEGATIONS CONCERNING PRESSURE ULCERS
13. In connection with the rehabilitation of a broken left femur, Judy Hingtgen was
admitted to Manor Care's Dubuque facility on or about January 27, 2010.
14. Judy Hingtgen resided at Manor Care's Dubuque facilty until April 28, 2010,
when she was transferred to Mill Valley Care Center in Bellevue, Iowa.
15. At all times material hereto, Manor Care held itself out to the public as having
special knowledge, training, and skill in the care of residents such as Judy Hingtgen.
16. Manor Care employed licensed and unlicensed staff to provide care to residents
such as Judy Hingtgen.
17. During the term of her residence at Manor Care, Judy Hingtgen developed at least
three pressure ulcers on her sacral and buttocks regions, including an ulcer on her sacrum that
was first noted by Manor Care staff on or about February 15, 2010 and two ulcers in the area of
her right buttock that were first noted by Manor Care staff on or about March 29, 2010.
18. The nursing staff at Manor Care failed to properly assess Judy Hingtgen's risk of
developing pressure ulcers and failed to develop adequate interventions to prevent pressure
ulcers from forming.
19. Manor Care failed to properly assess and treat Judy Hingtgen's pressure ulcers,
and as a result, the ulcers worsened and became infected.
ALLEGATIONS CONCERNING THE MARCH 25, 2010 MINIBUS ACCIDENT
20. While Judy Hingtgen was a resident at Manor Care's Dubuque Facility, she
regularly attended dialysis appointments at Tri -State Dialysis in Dubuque, Iowa.
21. On March 25, 2010, employees of Manor Care placed Judy into a wheelchair in
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preparation for her trip to dialysis that day.
22. In placing Judy Hingtgen into a wheelchair on March 25, 2010, Manor Care
employees did not place a foot board between the leg extensions to the wheelchair to prevent
Judy Hingtgen's feet from dropping to the floor if they came off of the wheelchair's leg rests.
23. A City of Dubuque minibus picked up Judy Hingtgen from Manor Care's
Dubuque facility and transported her to dialysis at Tri -State Dialysis in Dubuque on March 25,
2010.
24. City of Dubuque Minibus #2484 driven by Defendant John Doe picked Judy
Hingtgen up from Tri -State Dialysis following her dialysis appointment on March 25, 2010.
25. Defendant Doe loaded Judy Hingtgen onto the bus and transported her back to
Manor Care's Dubuque facility.
26. During the return trip to Manor Care, Judy Hingtgen's feet came off the
wheelchair leg supports and dropped to the floor. When City of Dubuque minbus #2484 driven
by Defendant Doe made a sudden stop, Judy Hingtgen slid out of the wheelchair onto the floor of
the bus and crashed into the front of the minibus's interior.
27. As a result of the March 25, 2010 accident, Judy Hingtgen reinjured her broken
left femur and fractured her right femur.
28. Judy Hingtgen's pressure ulcers, combined with her injuries from the March 25,
2010 accident, slowed her rehabilitation process and weakened her to the point where she died on
September 1, 2010.
DIVISION I- PRESSURE ULCERS
NEGLIGENCE AGAINST MANOR CARE
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29. Plaintiffs reallege paragraph 1 -28 as though fully set forth herein.
30. While Judy Hingtgen was a resident at Manor Care's Dubuque facility, Manor
Care owed a duty of reasonable care to provide care and treatment for Mrs. Hingtgen.
31. Manor Care was negligent in the care and treatment rendered to Judy Hingtgen in
ways including, but not limited to, the following:
a) in failing to adequately assess Judy Hingtgen's risk of developing pressure ulcers;
b) in failing to develop adequate interventions to prevent pressure ulcers from
developing;
c) in failing to adequately train its employees to assess residents at risk of developing
pressure sores;
d) in failing to adequately train its employees on the use of interventions to prevent
pressure sores
e) in failing to adequately assess Judy Hingtgen following the development of her
pressure ulcers;
f) in failing to provide appropriate care and treatment to prevent Judy Hingtgen's
pressure ulcers from worsening;
g) in failing to properly clean and dress Judy Hingtgen's pressure ulcers;
h) in failing to adequately communicate with Judy Hingtgen's physicians regarding
her pressure ulcers; and
i) in failing to act in a reasonable manner under the circumstances then and there
existing;
32. As a direct and proximate result of Manor Care's negligence, Judy Hingtgen
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sustained personal injuries and damges, including, but not limited too, at least three pressure
ulcers on her sacral and buttocks regions
33. As a direct and proximate result of Defendant's negligent conduct, Judy Hingtgen
incurred damages for pain and suffering, mental anguish, and emotional distress, all until the
time of her death, decreased ability to enjoy life, past loss of use and/or disability, and past
medical expenses for which Plaintiffs request fair and reasonable compensation in an amount in
excess of the jurisdictional threshold of this Court.
34. By reason of Manor Care's negligence and the resulting injuries to Judy Hingtgen,
Plaintiff Gerald Hingtgen was deprived of the companionship, aid, services, affection, and
society of his wife and has sustained damages for loss of consortium.
WHEREFORE, Plaintiffs Gerald Hingtgen, individually and as Executor of the Estate of
Judy Hingtgen, prays that this Court enter judgment in Plaintiffs' favor and against Defendant
Manor Care of Dubuque, IA LLC and further award Plaintiffs damages for past pain and
suffering, past mental anguish, past emotional distress, loss of the ability to enjoy life, loss of use
and /or disability, medical expenses, and loss of consortium, together with costs and interest, plus
any such other and further relief, legal or equitable, that this Court deems just and appropriate
under the circumstances.
DIVISION II —MARCH 25, 2010 BUS ACCIDENT
COUNT
NEGLIGENCE AGAINST MANOR CARE
35. Plaintiffs reallege paragraphs 1 -28 as though fully set forth herein.
36. With respect to the March 25, 2010 bus accident, Manor Care, through its agents
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and employees, was negligent in ways including, but not limited to, the following:
a) in failing to place a foot board on the leg extensions to the wheelchair to prevent
Judy Hingtgen's feet from dropping to the floor in the event her legs came off the
wheelchair leg rests;
b) in failing to place Judy Hingtgen in a wheelchair that would keep her safe and
secure during her transport to and from dialysis;
c) in failing to act in a reasonable manner under the circumstances then and there
existing.
37. As a direct and proximate result of Defendant's negligent conduct, Judy Hingtgen
sustained personal injuries and incurred damages for past medical expenses, past pain and
suffering, past emotional distress, loss of ability to enjoy life, past loss of use and/or disability,
and such other damages, for which Plaintiffs request fair and reasonable compensation in an
amount in excess of the jurisdictional threshold of this Court.
COUNT II
NEGLIGENCE AGAINST JOHN DOE AND THE CITY OF DUBUQUE
38. Plaintiffs reallege paragraphs 1 -28 as though fully set forth herein.
39 Defendant John Doe owed Judy Hingtgen a duty of care to operate the City of
Dubuque minbus in a reasonable manner so as not to cause injury to her.
40. Defendant Doe negligently breached his duty to Judy Hingtgen in one or more of
the following respects:
a) In failing to properly secure Judy Hingtgen and her wheelchair within the bus;
b) In failing to maintain the assured clear distance between his vehicles and others;
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c) In failing to maintain a proper lookout;
d) In failing to have his vehicle under control; and
e) In failing to operate his vehicle in a reasonable manner under the circumstances
then and there existing.
41. As a direct and proximate result of Defendant Doe's negligent conduct, Judy
Hingtgen sustained personal injuries and incurred damages for past medical expenses, past pain
and suffering, past emotional distress, loss of ability to enjoy life, past loss of use and/or
disability, and such other damages, for which Plaintiffs request fair and reasonable compensation
in an amount in excess of the jurisdictional threshold of this Court.
42 By reason of Defendant Doe's negligence and the resulting injuries to Judy
Hingtgen, Plaintiff Gerald Hingtgen was deprived of the companionship, aid, services, affection,
and society of his wife and has sustained damages for loss of consortium.
43. At the time of the collision, Defendant John Doe was operating the bus owned by
Defendant City of Dubuque with its knowledge and consent and Defendant City of Dubuque is
therefore liable for each of the particulars of negligence committed by Defendant Doe as set forth
in the preceding paragraph.
COUNT III
RES IPSA LOQUITUR AGAINST JOHN DOE AND THE CITY OF DUBUQUE
44. Plaintiffs reallege paragraphs 1 -28 as though fully set forth herein.
45. The injuries and damages suffered by Judy Hingtgen as a result of the March 25,
2010 accident are the type of injuries that in the regular course of the operation of a minibus
should not have happened if reasonable and prudent care had been taken by Defendant John Doe,
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and Plaintiffs intend to rely in this count on the doctrine of res ipsa loquitur.
46. As a direct and proximate result of Defendant John Doe's negligent conduct, Judy
Hingtgen incurred damages for past medical expenses, past pain and suffering, past emotional
distress, loss of ability to enjoy life, past loss of use and/or disability, and such other damages,
for which Plaintiffs request fair and reasonable compensation in an amount in excess of the
jurisdictional threshold of this Court.
47 By reason of Defendant John Doe's negligence and the resulting injuries to Judy
Hingtgen, Plaintiff Gerald Hingtgen was deprived of the companionship, aid, services, affection,
and society of his wife and has sustained damages for loss of consortium.
48. At the time of the collision, Defendant John Doe was operating the bus owned by
Defendant City of Dubuque with its knowledge and consent and Defendant City of Dubuque is
therefore liable for Defendant Doe's negligent conduct.
COUNT IV
RESPONDEAT SUPERIOR LIABILITY AGAINST THE CITY OF DUBUQUE
49. Plaintiffs reallege paragraphs 1 -28 and paragraphs 38 -48 as though fully set forth
herein.
50. At the time of the collision, Defendant John Doe was employed as a bus driver by
Defendant City of Dubuque.
51. At the time of the collision, Defendant Doe was acting within the scope of his
employment as a bus driver for Defendant City of Dubuque.
52. Defendant City of Dubuque is liable for the negligence of its employee, Defendant
Doe, under the doctrine of respondeat superior.
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WHEREFORE, Plaintiffs Gerald Hingtgen, individually and as Executor of the Estate of
Judy Hingtgen, prays that this Court enter judgment in Plaintiffs' favor and against Defendant
Manor Care of Dubuque, IA LLC and further award Plaintiffs damages for past pain and
suffering, past mental anguish, past emotional distress, loss of the ability to enjoy life, loss of use
and/or disability, medical expenses, and loss of consortium, together with costs and interest, plus
any such other and further relief, legal or equitable, that this Court deems just and appropriate
under the circumstances.
DIVISION III
WRONGFUL DEATH
53. Plaintiffs reallege paragraphs 1 -52 as though fully set forth herein.
54. Judy Hingtgen's condition continued to weaken as a result of her pressure ulcers
and her injuries from the March 25, 2010 accident, and she ultimately died on September 1,
2010.
55. The negligence of Manor Care and the City of Dubuque were proximate causes of
Judy Hingtgen's death.
56. As a result of the negligence of Manor Care and the City of Dubuque, the Estate
of Judy Hingtgen has been damaged and the surviving spouse and child of Judy Hingtgen have
been damaged.
57. Gerald Hingtgen, as Executor of the Estate of Judy Hingtgen, is entitled to recover
damages on behalf of the Estate of Judy Hingtgen, her spouse Gerald Hingtgen, and her child
Karen Martin, for damages including, but not limited to:
(a) funeral and burial expenses, as well as interest on the costs of funeral and burial
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expense for the period between the date of her premature death and the date on
which she could have been expected to die;
(b) Loss of spousal consortium for Gerald Hingtgen's loss of love, affection, services,
society and companionship as a result of Judy Hingtgen's premature death; and
(c) Loss of parental consortium for Karen Martin's premature loss of her mother's
love, affection, services, society, and companionship.
WHEREFORE Plaintiffs Gerald Hingtgen, individually and as Executor of the Estate of
Judy Hingtgen, and Karen Martin pray that this Court enter a judgment against Defendants
Manor Care of Dubuque IA, LLC, John Doe, and the City of Dubuque and further pray that this
Court award Plaintiffs damages for funeral and burial expenses and loss of spousal and parental
consortium, together with costs and interest, plus any such other and further relief, legal or
equitable, that this Court deems just and appropriate under the circumstances.
JURY DEMAND
COME NOW, Plaintiffs, Gerald Hingtgen, individually and as executor of the Estate of
Judy Hingtgen, and Karen Martin, and hereby demand a jury trial on all of the issues so triable.
GERALD HINGTGEN, Individually and as
Executor of the ESTATE OF JUDY HINGTGEN,
and KAREN MARTIN, Plaintiffs
By:
Christopher C. Fry T0002683
O'CONNOR & THOMAS, P.C.
Roshek Building
700 Locust Street, Suite 200
Dubuque, IA 52001 -6874
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Phone (563) 557 -8400
Fax (563) 556 -1867
cfry@octhomaslaw.com
Attorneys for Plaintiffs
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