Claim - Suit: Bublitz, Lois M..
"t
,.
./ /"
~pc:LA
~~~ ;?~/4~
'~;:)/.;7/ .~.; / )
,//././~"~
I>{Y:~
~///)
IN THE IOWA DISTRICT COURT
DUBUQUE COUNTY
LOIS M, BUBLITZ
(DOB: 11/18/1929)
Plaintiff,
vs.
NO. 01311 LACV~5y;)/t
CITY OF DUBUQUE, IOWA, an Iowa
municipality ,
ORIGINAL NOTICE
Defendant.
TO THE ABOVE-NAMED DEFENDANT(S): CITY OF DUBUQUE, IOWA
c/o Jeanne Schneider, Dubuque City Clerk
City Hall
Dubuque, IA 52001
YOU ARE NOTIFIED that a Petition was filed on the /5 day of August, 2005, in the office of the
clerk of this Court, naming you as the Defendant in this action. A copy of the PETITION, PLAINTIFF'S
REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT, and PLAINTIFF'S
INTERROGATORIES TO DEFENDANT are attached to this Notice. The attorney for the plaintiff is Stephen
J. Juergens, Fuerste, Carew, Coyle, Juergens & Sudmeier, whose address is 151 West 8th Street, 200 Security
Building, Dubuque, Iowa 52001-6832. That attorney's phone number is (563) 556-4011; facsimile number
(563) 556-7134.
You must serve a Motion or Answer within twenty (20) days after services of this original notice upon
you and within a reasonable time thereafter file your motion or answer with the Clerk of Court for Dubuque
Count, 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 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.
C9r; jJ, ~
CLERK OF COURT ~
Dubuque County Courthouse
Dubuque, Iowa
(Seal)
IMPORT ANT:
YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT
YOUR INTERESTS.
IN THE IOWA DISTRICT COURT
DUBUQUE COUNTY
LOIS M. BUBLITZ
(DOB: 11/18/1929)
Plaintiff,
'.
vs.
NO. 01311 LACV 05Y.J-/i
CITY OF DUBUQUE, IOWA, an Iowa
municipality,
Defendant.
PETITION AT LAW
COMES NOW Plaintiff, LOIS M. BUBLITZ, and states:
1. Plaintiff is a resident of Dubuque, Dubuque County Iowa.
2. Defendant City of Dubuque, Iowa, is an Iowa municipal corporation.
3. Plaintiff is the owner of certain real estate located at 2480 Mineral Street,
Dubuque, Iowa, and legally described as follows:
Lot 1 of the Subdivision of Lot 73 Finley, Waples and
Burton's Addition in the City of Dubuque, Iowa according
to the recorded plat thereof.
.
f
. .
<
IN THE IOWA DISTRICT COURT
DUBUQUE COUNTY
LOIS M. BUBLITZ
(DOB: 11/18/1929)
Plaintiff,
vs.
NO. 01311 LACV O~l/.:ll<ir
CITY OF DUBUQUE, IOWA, an Iowa
municipality,
Defendant.
PLAINTIFF'S INTERROGATORIES TO DEFENDANT
COMES NOW Plaintiff, LOIS M. BUBLITZ, and hereby serves the attached
Interrogatories numbered 1 through 13 upon Defendant, CITY OF DUBUQUE,
IOWA, for answer under oath by said party within sixty (60) days of date of service of
these Interrogatories upon the Defendant
FUERSTE, CAREW, COYLE,
JUERGENS & SUDMEIER, P.C.
By:
Stephen J. J ns,000002728
200 Security Building
151 West 8th Street
Dubuque, IA 52001-6832
ATTORNEYS FOR PLAINTIFF.
#
Interrogatory No.1: Please state the name, address, and position with the City
of all persons answering or supplying information to the answers to these
Interrogatories.
Answer:
Interro&atory No.2: Please state the name and address of each person you
intend to call as a witness at trial.
Answer:
Interro&atory No.3: Please identify each exhibit you intend to offer at trial.
Answer:
Interrol:atory No.4: Identify each person whom you expect to call, in person
or by deposition, as an expert witness at trial, and as to each person state as follows:
(a) Complete name, complete business and residence address and telephone
numbers;
(b) Such person's occupation, vocation and professional field, if any;
(c) Such person's education, extent of training and experience being certain
to identify all schools attended, courses completed, degrees and
certificates awarded, and the date thereof;
(d) Complete name of each professional and technical society and
association of which said person is a member and any office now held by
said person or any office previously held by said person and the date and
time involved;
(e) Identify each professional paper, book, or other recognized publication
written or edited by said person;
(f) Subject matter on which said person is expected to testify;
(g) The designated person's qualifications to testify as an expert on such
subject (Rule 1.508(1)(a)(2));
(h) The substance of the facts and opinions of which each expert is expected
to testify;
(i) A summary of the basis or bases and grounds for each opinion; and
G) The mental impressions and opinions held by the expert and the facts
known to the expert (regardless of whether factual information was
acquired) which relate to or form the basis of the mental impressions and
opinions held by the expert. (See,IRCP 1.508(1)(a)(3).)
NOTE: Rule of civil procedure 1.508( I) also requires that for an expert retained in
anticipation of litigation or for trial the expert shall separately SIGN the Answer.
Please comply with this rule. For each expert retained, answer this Interrogatory
separately with the following acknowledgment signed.
ANSWER:
I state that I, as an expert retained in anticipation of litigation or for trial, have
fully read the above answer relating to me, my qualifications, my mental impressions
and opinions, and the facts known by me, and that I verifY under penalty of perjury
and pursuant to the laws of the State ofIowa that the preceding is true and correct.
Date:
Signed:
Interroeatory No.5: Please state the date or dates each water main and/or
lateral was initially installed within 1,000 feet of the intersections of West Street and
Finley Street, and West Street and Gilliam Street in Dubuque, Iowa and describe in
detail the types of main/lateral installed and the location of each such installation.
Answer:
Interroeatory No.6: Please identify any and all City records memorializing
the information supplied in your answer to Interrogatory No.5.
Answer:
Interrol:atory No.7: Please state the date or dates, location, and cause of
each and every break, rupture, or leak of each water main and/or lateral identified in
your answer to Interrogatory No.5 after initial installation.
Answer:
Interroeatory No.8: Please identify any and all City records memorializing
the information supplied in your answer to Interrogatory No.7.
Answer:
Interro1:atory No.9: Please state the date or dates and a description of each
repair or correction of each break, rupture, or leak or each main or lateral described in
your answer to Interrogatory No.7.
Answer:
Interroeatory No. 10: Please identify any and all City records memorializing
the information supplied in your answer to Interrogatory No.9.
Answer:
Interrogatory No. 11: Please state the date or.dates of each inspection and
testing of each water main or lateral identified in your answer to Interrogatory No.5
after initial installation.
Answer:
Interrogatory No. 12: Please identify any and all City records memorializing
the information supplied in your answer to Interrogatory No. 11.
Answer:
.'
Interroeatory No. 13: In regards to the water main rupture which occurred on
or about January 23,2005, near 2367 West Street please state:
( a) The time when the rupture occurred;
(b) The manner in which you were notified of the rupture, including who
received the notice and the actions taken by that individual;
( c) The name of the person who responded and the amount of time which
elapsed between receiving notice of the rupture and that individual
arriving at the location of the rupture;
(d) The actions taken by the individual who responded after arriving at the
location of the rupture;
(e) The time when the water main which ruptured was turned off; and
(f) Whether any records in regards to questions (a )-( e) exists, and if so,
please provide the name and contact information for the custodian of
such records, and inform us if you are willing to provide such records
without the need for a formal request for production. If you are not
willing to provide us with such documents without a formal request
please provide us with a sufficient description of such documents, so
that we may draft a formal request.
Answer: