Claim of Paul & Rhonda Kirkegaard
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Barry A. Lindahl
Corporation Counsel
196 CyCare Plaza
Dubuque, Iowa 52001-6824
(319) 583-4113
(319) 583-1040 FAX
E-mail: balesq@mwci.net
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March 1, 1999
Mr. Frank Miller
Claims Manager
Public Entity Risk Services of Iowa
5701 Greendale Road
Johnston, Iowa 50131
RE: Ronda L. Kirkegaard and Paul Kirkegaard
vs. City of Dubuque, Iowa.
Dear Frank:
Enclosed is a copy of an Original Notice and Petition filed
against the City of Dubuque in connection with a fall on the City
Steps between Fenelon Place and West Third Street on February 20,
1997. Ms. Kirkegaard originally filed a claim against the City on
April 7, 1997; the claim was referred to Crawford Insurance April
8, 1997.
We are forwarding copies of these documents, together with the
background material on the original claim, to Les Reddick, Esq.,
for a defense.
.
Lindahl
Counsel
BAL/cg/enc
cc - Mr. Michael C. Van Milligen
cc Ms. Mary Davis
cc Mr. Mike Koch
cc Les V. Reddick, Esq.
cc Mr. Frank R. O'Connor
Service
People
Integrity
Responsibility
Innovation
Teamwork
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THE lOW A DISTRICT COURT
FOR DUBUQUE COUNTY
RONDA L. KlRKEGAARD and
PAUL KIRKEGAARD,
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Plaintiffs,
vs.
Law No: LA- C V () S"I ') C,. "2...
THE CITY OF DUBUQUE,
Defendant.
ORIGINAL NOTICE
TO THE ABOVE-NAMED DEFENDANT:
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. The plaintiffs' attorney is
John Arenz, of O'Connor & Thomas, P.C., whose address is CyCare Plaza, 700 Locust Street, Ste.
200, Dubuque, Iowa 52001.
You are further notified that unless, within 20 days after service of this original notice upon you,
you serve, and within a reasonable time thereafter file a motion or answer, in the Iowa District Court
for Dubuque County, at the courthouse in Dubuque, Iowa, judgment by default will be rendered
against you for the relief demanded in the petition.
(SEAL)
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CLERK OF THE ABOVE ~
Dubuque County Courthouse
Dubuque, Iowa 52001
NOTE: The attorney who is expected to represent the defendant should be promptly advised by
defendant of the service of this notice.
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COME NOW Ronda L. Kirkegaard and Paul Kirkegaard, Plaintiffs, by their attorneys
O'Connor & Thomas, P.C., and for cause of action against Defendant, state:
COUNT I
(pERSONAL INJURY CLAIM OF RONDA L. KIRKEGAARD)
1. At the time of the incident giving rise to this lawsuit, Plaintiffs were residents of Dubuque
County, Iowa.
2. Defendant, The City of Dubuque, is a municipality of Dubuque County, Iowa.
3. At approximately 8:15 a.m. on February 20,1997, Plaintiff, Ronda L. Kirkegaard, was
walking from her home on a sidewalk and steps owned by The City of Dubuque and located west of
521- West 3rd Street in Dubuque, Iowa.
4. Due to the dilapidated condition and poor maintenance of the sidewalk and steps, Plaintiff,
Ronda L. Kirkegaard, fell and sustained severe injuries and damages.
5. Prior to and at the time of the accident, The City of Dubuque was negligent.
6. The negligence of Defendant, The City of Dubuque, proximately caused the injury and
damages to Plaintiff, Ronda L. Kirkegaard.
7. As a direct and proximate result of the negligence of Defendant, The City of Dubuque,
Plaintiff, Ronda L. Kirkegaard, has sustained, continues to endure and will endure into the future,
injury and damages for which she requests fair and reasonable compensation in an amount in excess
of the jurisdictional threshold of this Court and which exceeds the jurisdictional requirements set forth
in Rule 3, Iowa Rules of Appellate Procedure.
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WHEREFORE, Plaintiff, Ronda L. Kirkegaard, respectfully prays that the court enter
judgment in her behalf and against Defendant for fair and reasonable compensation, for all costs, ·
interest as allowed by law and for such other relief as the Court deems equitable, just and proper.
8. The allegations contained in paragraphS I through 7 of Count I are incorporated herein
by this reference as though set forth in full.
COUNT II
(CLAIM OF PAUL KIRKEGAARD)
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9. At all times material to this lawsuit, Ronda L. Kirkegaard and paul Kirkegaard were
husband and wife.
10. As a result of the accident and injuries set forth above, Paul Kirkegaard has sustained,
continues to endure and will endure in the future injury and damages in the nature of consortium
damages for loss of services and companionship of his wife, Ronda L. Kirkegaard..
WHEREFORE, Plaintiff, Paul Kirkegaard. respectfully prays that the court enter judgment
in bis behalf and against Defendant for fair and reasonable compensation, for all costs, interest as
allowed by law and for such other relief as the Court deems equitable, just and proper.
RONDA L. KlRKEGAARD and
PAUL KIRKEGAARD, Plaintiffs
CERTifiCATE Of SERViCE
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A. John Arenz 000000108
O'CONNOR & THOMAS, P.e.
CyCare Plaza
700 Locust St., Suite 200
Dubuque,IA 52001-6874
319/557-8400
Fax: 319/556-1867
Attorneys for Plaintiffs
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'Dt RONDAL. KIRKEGAARD and
PAUL KIRKEGAARD,
THE lOW A DISTRICT COURT
FOR DUBUQUE COUNTY
Plaintiffs,
vs.
Law No: LA- C V 0 S-;){" "2..
THE CITY OF DUBUQUE,
Defendant.
ORIGINAL NOTICE
TO THE ABOVE-NAMED DEFENDANT:
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. The plaintiffs' attorney is
John Arenz, of O'Connor & Thomas, P.C., whose address is CyCare Plaza, 700 Locust Street, Ste.
200, Dubuque, Iowa 52001.
You are further notified that unless, within 20 days after service of this original notice upon you,
you serve, and within a reasonable time thereafter file a motion or answer, in the Iowa District Court
for Dubuque County, at the courthouse in Dubuque, Iowa, judgment by default will be rendered
against you for the relief demanded in the petition.
(SEAL)
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CLERK ~F'THE ABOVE ~
Dubuque County Courthouse
Dubuque, Iowa 52001
NOTE: The attorney who is expected to represent the defendant should be promptly advised by
defendant of the service of this notice.
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COME NOW Ronda L. Kirkegaard and Paul Kirkegaard, Plaintiffs, by their attorneys
O'Connor & Thomas, Poe., and for cause of action against Defendant, state:
COUNT I
(pERSONAL INJURY CLAIM OF RONDA L. KIRKEGAARD)
1. At the time of the incident giving rise to this lawsuit, Plaintiffs were residents of Dubuque
County, Iowa.
2. Defendant, The City of Dubuque, is a municipality of Dubuque County, Iowa.
30 At approximately 8:15 a.m. on February 20, 1997, Plaintiff, Ronda L. Kirkegaard, was
walking from her home on a sidewalk and steps owned by The City of Dubuque and located west of
521- West 3rd Street in Dubuque, Iowa.
4. Due to the dilapidated condition and poor maintenance ofthe sidewalk and steps, Plaintiff,
Ronda L. Kirkegaard, fell and sustained severe injuries and damages.
5. Prior to and at the time of the accident, The City of Dubuque was negligent.
6. The negligence of Defendant, The City of Dubuque, proximately caused the injury and
damages to Plaintiff, Ronda L. Kirkegaard.
7. As a direct and proximate result of the negligence of Defendant, The City of Dubuque,
Plaintiff, Ronda L. Kirkegaard, has sustained, continues to endure and will endure into the future,
injury and damages for which she requests fair and reasonable compensation in an amount in excess
of the jurisdictional threshold of this Court and which exceeds the jurisdictional requirements set forth
in Rule 3, Iowa Rules of Appellate Procedure.
"
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WHEREFORE, Plaintiff, Ronda L. Kirkegaard, respectfully prays that the court enter
judgment in her behalf and against Defendant for fair and reasonable compensation, for all costs,
interest as allowed by law and for such other relief as the Court deems equitable, just and proper.
COUNT II
(CLAIM OF PAUL KIRKEGAARD)
8. The allegations contained in paragraphs 1 through 7 of Count I are incorporated herein
by this reference as though set forth in full.
9. At all times material to this lawsuit, Ronda L. Kirkegaard and Paul Kirkegaard were
husband and wife.
10. As a result of the accident and injuries set forth above, Paul Kirkegaard has sustained,
continues to endure and will endure in the future injury and damages in the nature of consortium
damages for loss of services and companionship of his wife, Ronda L. Kirkegaard..
WHEREFORE, Plaintiff, Paul Kirkegaard, respectfully prays that the court enter judgment
in his behalf and against Defendant for fair and reasonable compensation, for all costs, interest as
allowed by law and for such other relief as the Court deems equitable, just and proper.
RONDA L. KIRKEGAARD and
PAUL KIRKEGAARD, Plaintiffs
CERTI:=iCA TE OF SERViCE
The L'f'ds-rs;gnea ccrli:.as t'1at a cop'! of the foreger
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By: #. V~~;. C~)
A. John Arenz 000000108
O'CONNOR & THOMAS, P.c.
CyCare Plaza
700 Locust St., Suite 200
Dubuque,IA 52001-6874
319/557-8400
Fax: 319/556-1867
Attorneys for Plaintiffs
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