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Suit by Rhonda and Joseph KleinIN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY RHONDA K. KLEIN and JOSEPH H. KLEIN 124 E. Main St. Springbrook, IA 52075 Plaintiffs, vs. SARAH LEE LYNN 825 W. Locust St. Dubuque, IA 52001 and CITY OF DUBUQUE A municipal corporation 50 West 13th Street Dubuque, IA 52001 Defendants. LA i ORIGINAL NOTICE C o co- cn TO THE ABOVE -NAMED DEFENDANTS: You are notified that a Petition has been filed in the office of the Clerk of this Court naming you as a Defendant in this action. A copy of the Petition (and any documents filed with it) is attached to this Notice. The attorney for the plaintiff is Laufenberg, Stombaugh & Jassak, S.C., by Christopher D. Stombaugh, whose address is P.O. Box 722, Platteville, Wisconsin 53818. That attorney's telephone number is (608) 348 -7400; facsimile number is (608) 348 -7402. 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 the Iowa District 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 yyour _district ADA__ coordinator _ at 563 - 5894448. _(If you are hearing impaired, call Relay Iowa TTY at 1- 800 - 735- 2942.) CLERK OF THE ABOVE COURT Dubuque County Courthouse Dubuque, Iowa 52001 IMPORTANT YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS. NOTE: The attorney who is expected to represent Defendant should be promptly advised by Defendant. 2 IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY RHONDA K. KLEIN and JOSEPH H. KLEIN 124 E. Main St. Springbrook, IA 52075 Plaintiffs, vs. SARAH LEE LYNN 825 W. Locust St. Dubuque, IA 52001 and CITY OF DUBUQUE a municipal corporation 50 West 13th Street Dubuque, IA 52001 Defendants. LA_' PETITION AT LAW COMES NOW Plaintiffs Rhonda K. Klein and Joseph H. Klein, and for their cause of action against Defendants, Sarah L. Lynn and the City of Dubuque, allege as follows: PARTIES AND VENUE 1. Plaintiffs Rhonda K. Klein and Joseph H. Klein are married adult individuals who are residents of the State of Iowa residing at 124 E. Main Street, Springbrook, Iowa 52075. 2. Upon information and belief, Defendant Sarah L. Lynn was at all times material hereto an adult resident of the State of Iowa residing at 825 W Locust Street, Dubuque, Iowa 52001. 3. The Defendant, the City of Dubuque, was at all times material hereto a municipality duly incorporated under the law of the State of Iowa, located at 50 West 13th Street, Dubuque, Iowa 52001. 4. Venue is properly laid in this judicial district pursuant to Iowa Code section 616.18 because the motor vehicle collision at issue occurred in Dubuque County, Iowa. GENERAL ALLEGATIONS 5. On February 9, 2011, Rhonda K. Klein was driving her vehicle down East 11th Street, in Dubuque, Iowa. 6. At the same time, Defendant Sarah L. Lynn was driving her vehicle down East 9th Street towards the entrance ramp of Highway 151 in Dubuque, Iowa. 7. As Defendant Sarah L. Lynn was traveling on the 9th Street extension, about to get onto the Highway 151 entrance ramp, she failed to yield to the oncoming traffic of E 11th Street and pulled out onto East 11th Street in front of the Klein vehicle and caused Rhonda Kiien to slam into the Lynn vehicle. , 8. The force of the collision caused Rhonda K. Klein bodily injury and damages as more fully enumerated below. 9. Upon information and belief, at the time of the collision, Sarah L. Lynn was negligent in the operation of her vehicle in the following particulars, including, but not limited to; a. Failing to maintain a proper lookout; b. Failing to maintain adequate management and control of her vehicle, c. Otherwise failing to exercise due care in the operation of his vehicle. 10. Upon information and belief, at the time of the collision, the City of Dubuque was negligent in the construction, maintenance, supervision, and/or condition of the intersection at the East 11`h Street and 9th Street extension intersection. 2 11. Upon information and belief, the City of Dubuque had actual knowledge of the dangerous condition of the intersection or the condition existed for such a period of time the City of Dubuque, in the exercise of ordinary care, should have discovered it. 12. Upon information and belief, the City of Dubuque had a reasonable opportunity to correct and warn of the dangerous condition and did not. 13. The negligent conduct of Defendants, Sarah L. Lynn and the City of Dubuque, was a direct and proximate cause of the collision at issue and of the injuries and damages to Rhonda K. Klein, including the following: a. Past medical expenses for treatment of her injuries; b. Future medical expenses for treatment of her injuries; c. Past pain, suffering and disability, both mental and physical; d. Future pain, suffering and disability, both mental and physical; e. Past loss of full mind and body; and f. Future loss of full mind and body. 14. As a proximate result of the negligence of the Defendants, Sarah L. Lynn and the City of Dubuque, Plaintiff Joseph H. Klein has in the past and will in the future be deprived of Rhonda K. Klein's spousal consortium, including her affection, society, and emotional support. He has suffered past and future emotional distress and also has incurred damages, including past and future loss of financial support and pecuniary damages. 15. Plaintiff, Joseph H. Klein, due to the aforesaid negligence of the Defendants has endured damages as a result of a loss of consortium with his wife, Rhonda K. Klein. 16. Plaintiffs have been damages in an amount which exceeds the jurisdictional limit of Small Claims Court. 3 WHEREFORE, Plaintiffs Rhonda K. Klein and Joseph H. Klein pray for judgment against the Defendants, Sarah L. Lynn and the City of Dubuque, and for an award of the following: a. Fair and reasonable compensation for their injuries and damages; b. Taxable costs, fees, and interest according to law; and c. Such other relief as the Court deems just. Dated at Platteville, Wisconsin this P.O. ADDRESS: P.O. Box 722 Platteville, WI 53818 Telephone: (608) 348 -7400 E -Mail: cds@lauflaw.com trw @lauflaw.com day of February, 2013. LAUFENBERG, STOMBAUGH & JASSAK, S.C. Attorneys for Plaintiffs By: wiles` G:�'4e: d sto sher D. Stombaugh AT0007520 Tiffany R. Wunderlin AT0011262 4 IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY RHONDA K. KLEIN, and JOSEPH H. KLEIN Plaintiffs, vs. SARAH LEE LYNN, CITY OF DUBUQUE, and STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY Defendants. 01311 LA CV 057894 AMENDED PETITION COMES NOW Plaintiffs Rhonda K. Klein and Joseph H. Klein, and for their cause of action against Defendants, Sarah L. Lynn, City of Dubuque, and State Farm Mutual Automobile Insurance Company allege as follows: PARTIES AND VENUE 1. Plaintiffs Rhonda K. Klein and Joseph H. Klein are married adult individuals who are residents of the State of Iowa residing at 124 E. Main Street, Springbrook, Iowa 52075. 2. Upon information and belief, Defendant Sarah L. Lynn was at all times material hereto an adult resident of the State of Iowa residing at 825 W Locust Street, Dubuque, Iowa 52001. 3. The Defendant, the City of Dubuque, was at all times material hereto a municipality duly incorporated under the law of the State of Iowa, located at 50 West 13th Street, Dubuque, Iowa 52001. 4. The Defendant, State Farm Mutual Automobile Insurance Company ( "State Farm Mutual ") is a corporation authorized to engage in the insurance business. 5. Venue is properly laid in this judicial district pursuant to Iowa Code section 616.18 because the motor vehicle collision at issue occurred in Dubuque County, Iowa. GENERAL ALLEGATIONS 6. On February 9, 2011, Rhonda K. Klein was driving her vehicle down East 11th Street, in Dubuque, Iowa. 7. At the same time, Defendant Sarah L. Lynn was driving her vehicle down East 9th Street towards the entrance ramp of Highway 151 in Dubuque, Iowa. 8. As Defendant Sarah L. Lynn was traveling on the 9th Street extension, about to get onto the Highway 151 entrance ramp, she failed to yield to the oncoming traffic of E 1 lth Street and pulled out onto East 11th Street in front of the Klein vehicle and caused Rhonda Klien to slam into the Lynn vehicle. 9. The force of the collision caused Rhonda K. Klein bodily injury and damages as more fully enumerated below. 10. Upon infontiation and belief, at the time of the collision, Sarah L. Lynn was negligent in the operation of her vehicle in the following particulars, including, but not limited to; a. Failing to maintain a proper lookout; b. Failing to maintain adequate management and control of her vehicle, c. Otherwise failing to exercise due care in the operation of his vehicle. 11. Upon information and belief, at the time of the collision, the City of Dubuque was negligent in the construction, maintenance, supervision, and/or condition of the intersection at the East 11th Street and 9th Street extension intersection. 2 18. Plaintiffs have been damages in an amount which exceeds the jurisdictional limit of Small Claims Court. WHEREFORE, Plaintiffs Rhonda K. Klein and Joseph H. Klein pray for judgment against the Defendants, Sarah L. Lynn and the City of Dubuque, and for an award of the following: a. Fair and reasonable compensation for their injuries and damages; b. Taxable costs, fees, and interest according to law; and c. Such other relief as the Court deems just. COUNT II - UNDERINSURED MOTORIST COMES NOW Plaintiffs, Rhonda and Joseph Klein, and for cause of action against Defendant, State Faim Mutual state that: 19. Paragraphs 1 -18 are replead and incorporated herein. 20. At all times material herein, State Faint Mutual was a corporation authorized to engage in the insurance business. 21. State Faun Mutual provided automobile liability insurance coverage and uninsured and underinsured motorist coverage to Plaintiffs, Rhonda and Joseph Klein at all times material herein, pursuant to Policy No. 37 0022- C09 -15F. 22. Plaintiffs' damages against Sarah Lee Lynn have exceeded the available liability insurance limits. Plaintiffs therefore, have an underinsured and /or uninsured motorist claim against State Faun Mutual out of the above - referenced automobile collision. WHEREFORE, Plaintiffs, Rhonda Klein and Joseph Klein, pray that the Court enter judgment on their behalf and against State Farm Mutual for the amount Plaintiffs are legally entitled to recover from Defendant Sarah Lee Lynn over and above their available liability coverage, and for all costs, interest allowed by law, and for such other relief as the Court deems equitable, just, and proper. 4 Dated at Dubuque, Iowa this 25th day of April, 2013. P.O. ADDRESS: 110 East 9th Street P.O. Box 239 Dubuque, IA 52004 -0239 Tel: (563) 556 -8000 Fax: (563) 556 -8009 klapatauskas@rkenline.com REYNOLDS & KENLINE, L.L.P. Attorneys for Plaintiffs By: Todd Klapatauskas AT 0004288 5