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.
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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.
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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.
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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
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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.
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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.
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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
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