Claim - Suit: Kowalske, Brooke
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In the IOWA DISTRICT COURT for DUBUQUE COlJNTY
BROOKE KOWALSKE (10/25/1985),
Plaintiff,
vs.
01311 No. LACVO f.3-44 L3
FL (12/7/1976), ~~
'RICHARD FIEDLER, and
SANDRA FIEDLER,
ORIGINAL NOTICE
Defendants.
CITY OF DUBUQUE, IOWA
City Hall, 50 West 13th Street
Dubuque, IA 52001
YOU ARE NOTIFIED that a Petition was filed on the -B- day ofFebrwuy, 2006, in the office of the
Clerk of this Court naming you as the Defendant in this action. A copy of the Petition at Law and Demand for Jury
Trial are attached to this Notice. The attorneys for the Plaintiff(s) are Michael J. Coyle and Danita L. Grant,
Fuerste, Carew, Coyle, Juergens & Sudmeier, P.C., whose address is 200 Security Building, 151 West 8th Street,
Dubuque, Iowa 52001, and whose phone number is (563) 556-4011; facsimile number (563) 556-7134.
TO TIIE ABOVE-NAMED DEFENDANT(S):
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Y Oil 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 Dubnque 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 (563) 589-4448. (If you are hearing impaired, call Relay Iowa
TTYat 1-800-735-2942).
(SEAL)
(~1 $Ii ~.r-.
CLERK OF COURT
,k
Dubuque County Courthouse
Dubuque, Iowa
IMPORTANT:
YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO
PROTECT YOUR INlERESTS.
,
STATE OF IOWA
}
} ss.
RETURN OF ORIGINAL NOTICE
with attachments as iMicated.
"
County }
The within notice with attachments as indicated was received this _ day of .200_ and I certify that
I served the same on the defendants named below by delivering a copy thereof to each of said defendants personally at the time and place
set opposite their respective names:
Names of Defendants
Month
Day
Year City or Township
County
State
FEES
Service - $
Copies - $
M!!~!!g~..:-$
STATE OF IOWA
Official Title
-----------}-------------------------------------------------ilE~-OI1()RiG~~i:~OTi(;E
} ss. with attachments as indicated.
County }
The within notice with attachments as indicated was received this _ day of
the _ day of . 200~ I served the same on the defendant
, ~ and I certify that on
(A)_
at his dwelling house or usual place of abode, by there delivering a copy thereof to
_ a person residing therein who was then at least eighteen years old,
(a)_
which place was not a rooming house, hotel, club or apartment building;
(bL
which place was a rooming house, hotel, club or apartment building, and that the person to
whom the copy was delivered was a member of defendant's family / the manager, clerk,
proprietor or custodian of such place (strike the incorrect words);
(B)_
a(n)
. by delivering a copy thereof to
. of said defendant;
in the City or Township of
in
County, State ofIowa
Official Title
------------------------------------------~(;CEiP1r~Cit()F-SEFl\TICE------------------------------------------
Due, timely and legal service of the within Original Notice with attachments as indicated is hereby accepted
by me, and I acknowledge receipt of copy thereof this day of . A.D. 2006.
STATE OF IOWA }
} ss.
COUNTY }
The above Acceptance of Service signed and acknowledged before me by the said to be his/her voluntary act
and deed this day of , A.D. 2006.
(SEAL)
Notary Public for the State ofIowa
IN THE IOWA DISTRICT COURT
DUBUQUE COUNTY
BROOKE KOWALSKE (10/25/1985),
Plaintiff,
NO. 01311 LACVO 6-JL-j 13
vs.
TED JAMES KRAPFL (12/7/1976),
CITY OF DUBUQUE, IOWA,
RICHARD FIEDLER and SANDRA
FIEDLER,
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Defendants.
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PETITION AT LAW AND DEMAND FOR JURY TRIAL
COMES NOW the Plaintiff BROOKE KOW ALSKE, by her attorneys, and states:
COMMON ELEMENTS
1. Plaintiff Brooke Kowalske is a resident of Dubuque, Dubuque County, Iowa.
2. Defendant Ted James Krapfl is a resident of Dubuque, Dubuque County, Iowa.
3. Defendant City of Dubuque, Iowa is a municipal corporation located within
Dubuque County, Iowa.
4. Defendants Richard Fiedler and Sandra Fiedler are residents of Epworth,
Dubuque County, Iowa.
5. On or about the 19th day of April, 2004, Plaintiff Brooke Kowa1ske was
operating a motor vehicle eastbound on Kaufinann Ave. at or near its intersection with
Grandview Ave. in Dubuque, Dubuque County, Iowa, when she was struck by a Dubuque
Police Department Squad Car owned by the City of Dubuque and being operated with its
permission and consent by Defendant Ted James Krapfl, who was then and there in the
course of his employment with the City of Dubuque, Iowa, traveling northbound on
Grandview Ave.
6. On or about the 29th day of November, 2005, Plaintiff Brooke Kowalske was
a passenger in a motor vehicle traveling westbound on Old Highway Rd. in Dubuque,
Dubuque County, Iowa, when another vehicle owned by Defendants Richard Fiedler and
Sandra Fiedler and operated by Defendant Richard Fiedler traveling eastbound on Old
Highway Road crossed the centerline and drove into the westbound lane, colliding with the
vehicle Plaintiff was riding in as a passenger.
COUNT I
Plaintiff Brooke Kowalske, for cause of action against Defendants Ted James Krapf!
and the City of Dubuque, Iowa, states:
7. The collision described in Paragraph 4 above was a direct and proximate result
of the negligence, constituting fault, of the Defendant Ted James Krapf! in the following
particulars:
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a) In failing to maintain a proper lookout, in violation of the common law of
Iowa;
b) In failing to have his motor vehicle under control, in violation of 9321.288,
Code ofIowa; and
c) In failing to yield the right of way from a stop sign, in violation of 9321.322,
Code ofIowa, and Dubuque Ordinance 32-214.
8. As a direct and proximate result of the fault of Defendant Ted James Krapf!,
Plaintiff Brooke Kowalske sustained damage and loss, both past and future, including
personal injury, health care expenses, pain and suffering, loss of function of the body and
mind, loss of earnings, diminution of earning capacity, and loss of enjoyment of life.
9. As owner of the vehicle driven by Defendant Ted James Krapf! with its
knowledge and consent, the Defendant City of Dubuque, Iowa, is liable to the same extent
as is Defendant Ted James Krapf!, pursuant to Section 321.493, Code ofIowa.
10. As employer of Defendant Ted James Krapf!, the Defendant City of Dubuque
Iowa, is liable to the same extent as is Defendant Ted James Krapf! under the doctrine of
respondeat superior.
2
11. Plaintiff Brooke Kowalske's loss and damage far exceed the jurisdictional
limits of the Associate District Court.
WHEREFORE, Plaintiff Brooke Kowalske demands judgment against the Defendants
Ted James Krapfl and City of Dubuque, Iowa, and each of them, in an amount in excess of
the jurisdictional limits of the Associate District Court and in such sum as will fairly and
adequately compensate her for her loss and damage, plus interest as provided by law, and for
the costs of this action.
COUNT II
Plaintiff Brooke Kowalske, for cause of action against Defendants Richard Fiedler
and Sandra Fiedler, states:
12. The collision described in Paragraph 5 above was a direct and proximate result
of the negligence, constituting fault, of the Defendant Richard Fiedler in one or more of the
following particulars:
a) In failing to maintain a proper lookout, in violation of the common law of
Iowa;
b) In failing to have his motor vehicle under control, in violation of S321.288,
Code ofIowa;
c) In traveling too fast for the conditions; and
d) In crossing the centerline of the roadway and failing to yield the right of way
to oncoming traffic, in violation of S321.297, Code ofIowa.
13. As a direct and proximate result of the fault of Defendant Richard Fiedler,
Plaintiff Brooke Kowalske sustained damage and loss, both past and future, including
personal injury, health care expenses, pain and suffering, loss of function of the body and
mind, loss of earnings, diminution of earning capacity, and loss of enjoyment of life.
14. As an owner of the vehicle driven by Defendant Richard Fiedler with her
knowledge and consent, Defendant Sandra Fiedler is liable to the same extent as is Defendant
Richard Fiedler, pursuant to Section 321.493, Code of Iowa.
15. Plaintiff Brooke Kowalske' s loss and damage far exceed the jurisdictional
limits of the Associate District Court.
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WHEREFORE, PlaintiffBrooke Kowalske demands judgment against the Defendants
Richard Fiedler and Sandra Fiedler, and each of them, in an amount in excess of the
jurisdictional limits of the Associate District Court and in such sum as will fairly and
adequately compensate her for her loss and damage, plus interest as provided by law, and for
the costs of this action.
JURY DEMAND
The Plaintiff requests JURY TRIAL of all issues so triable.
FUERSTE, CAREW, COYLE,
JUERGENS & SUDMEIER, P.C.
By
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BY~~
Danita L. Grant, 000016848
200 Security Building
151 West 8th Street
Dubuque, Iowa 52001
Phone: (563) 556-4011
Fax: (563) 556-7134
ATTORNEYS FOR PLAINTIFF.
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