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Suit by Christine PutnamIN THE IOWA DISTRICT COURT IN AND FOR DUBUQUE COUNTY CHRISTINE PUTNAM, Plaintiff, vs. CITY OF DUBUQUE, Defendant. ) Case No. 01311 LACV �Kli ORIGINAL NOTICE TO THE ABOVE -NAMED DEFENDANTS: YOU ARE HEREBY NOTIFIED that a petition has been filed on the day of July, 2012, 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 Petitioner's attorney is James J. Roth, Roth Law Office, P.C., 1400 University Ave., Suite D, Dubuque, Iowa 52001 (Phone: 563- 557 -1611; Fax: 563- 557 - 9775). You must serve a Motion or Answer within twenty (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 720 Central Avenue in Dubuque, Iowa. If you do not, judgment by default may be rendered against you for the relief demanded in the Petition. If you need assistance to participate in court due to a disability, call the disability coordinator at 319 - 833 -3332. Persons who are hearing impaired or speech impaired may call Relay Iowa TTY 1- 800 - 735 -2942. Disability coordinators cannot provide legal advice. (SEAL) CLERK OF COURT Dubuque County Courthouse Dubuque, Iowa 52001 IMPORTANT: YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS. IN THE IOWA DISTRICT COURT IN AND FOR DUBUQUE COUNTY CHRISTINE PUTNAM, Plaintiff, vs. CITY OF DUBUQUE, Defendant. ) Case No. 01311 LACV t:��� PETITION AT LAW 1. Plaintiff, Christine Putnam, was at all times material hereto a resident of Dubuque, Dubuque County, Iowa. 2. Defendant, City of Dubuque, is a municipality located in Dubuque County, Iowa. 3. On July 26, 2010, Plaintiff Christine Putnam was walking in the street on property owned by the City of Dubuque at the intersection of Thomas Place and Ascension Street in Dubuque, Dubuque County, Iowa. 4. While Plaintiff was walking in the area of the intersection of Thomas Place and Ascension Street, Dubuque, Dubuque County, Iowa, she stepped onto an unmaintained and defective area of the street and fell. As a proximate result of the fall, Plaintiff incurred severe and permanent injuries. 5. The proximate cause of Plaintiff's fall and injuries was the negligence of Defendant in the following particulars: a. In failing to timely and adequately inspect the street; b. In failing to timely and adequately repair the street; c. In failing to exercise ordinary care in inspecting, maintaining, and repairing the street; d. In failing to warn of defects in the street. 6. As a proximate result of the Defendant's negligence, Plaintiff has sustained severe and permanent injuries; has incurred pain and suffering (past, present, and future); has endured mental anguish (past, present and future); has incurred medical expense; has incurred loss of wages; has incurred loss of earning capacity; and has sustained loss of the enjoyment of life all to her detriment. 7. That the damages sustained by the Plaintiff are in excess of the small claims jurisdictional amount and the Defendant is liable to her for said damages. WHEREFORE, Plaintiff, Christine Putnam, prays for judgment against Defendant, City of Dubuque, in an amount which will fully, fairly, and adequately compensate her for her loss, for legal interest thereon, and for the costs of this action. E JAMES ROTH A 0006853 ROTH LAW OFFICE, P.C. 1400 University Avenue, Suite D Dubuque, IA 52001 Telephone: (563) 557 -1611 Facsimile: (563) 557 -9775 Email: JRoth @rothlawdbq.com ATTORNEY FOR PLAINTIFF