Suit by Joseph HealeyIN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY
JOSEPH E. HEALEY
Plaintiff,
vs.
CITY OF DUBUQUE, IOWA
Defendant.
Case No. 01311 LACV
ORIGINAL NOTICE
TO THE ABOVE -NAMED DEFENDANT:
YOU ARE HEREBY NOTIFIED that A Petition has been filed in the Office of the Clerk of
this Court naming you as the Defendant in this action. A copy of the Petition is attached to this
Notice. The Plaintiff, Joseph E. Healey, files this action pro se, acting as his own attorney. His
address is 2586 Crissy Drive, Dubuque, IA 52001. His telephone number is (563) 495 -5548; he has
no facsimile number.
YOU ARE FURTHER NOTIFIED that unless, within twenty (20) days after service of this
Original Notice upon you, you serve, and Answer, in the Iowa District Court for Dubuque County,
at the County Courthouse in Dubuque, Iowa, Judgment by Default will be rendered against you for
the relief demanded in the Petition.
If assistance of auxiliary aids or services is required to participate in court due to a disability
such as hearing impaired, call the Americans with Disabilities coordinator at (319) 833 -3332. If
you are in need of dual party telephone relay services call Relay Iowa TTY at 1- 800 - 735 -2942.
This Original Notice has been drafted by an Attorney who contracted with me to limit the
scope of his representation pursuant to Iowa Rule of Professional Conduct 32:1.1(c). That
Attorney's name is Francis J. Lange, AT 0004566, 698 Central Avenue, Dubuque, IA 52004 - 1811,
His telephone number is (563) 557 -8051, and his facsimile transmission number is (563) 557 -8052.
(SEAL)
Clerk of the Above Court
Dubuque County Courthouse
Dubuque, IA 52001
IMPORTANT:
YOU ARE ADVISED TO SEEK LEGAL ASSISTANCE AT ONCE TO PROTECT
YOUR INTEREST.
IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY
JOSEPH E. HEALEY
Plaintiff,
vs.
;! 1
CITY OF DUBUQUE, IOWA,
Defendant.
Case No. 01311 LACV
PETITION AT LAW
COMES NOW the Plaintiff Joseph E. Healey, and states:
1. Plaintiff Joseph E. Healey is a resident of Dubuque, Dubuque County, Iowa.
2. Defendant City of Dubuque, Iowa is a municipal corporation located within in Dubuque
County, Iowa.
3. Joseph E. Healey is the owner of rental real estate locally known as 676 and 682
University Avenue, Dubuque, Iowa.
4. 676 and 682 University Avenue, Dubuque, Iowa hve been served by a sanitary sewer
lateral which connects with the City of Dubuque' s sanitary sewer main line under the intersection
of Air Hill Street and University Avenue in Dubuque, Iowa.
5. In 2004 Defendant City of Dubuque (hereafter Defendant City) reconstructed University
Avenue, including its intersection with Air Hill Street. As part of that reconstruction project,
Defendant City installed a new water main and connected it to the old water main slightly above
and at an angle to the sanitary sewer lateral serving 676 and 682 University Avenue.
6. Defendant City so constructed the connection of the existing and new parts of the water
main directly above, and within inches of the top of, the sewer lateral, and positioned 3 large rocks
between the water main connection and the top of the sewer lateral.
7. Defendant City was negligent in maintaining its water main, by installing the new
connection directly above, and within inches, of the top of the said sewer lateral, by positioning the
rocks immediately under the water main and above the sewer lateral, and/or by failing to properly
supervise the maintenance of its water main so as not to compromise the existing sewer lateral
beneath it.
8. Defendant City's negligence was a proximate cause of damage to the existing sanitary
sewer lateral directly beneath the water main connection.
9. Plaintiff first discovered the damage to the sewer lateral after his contractor, Roto
Rooter, was unable to remove an obstruction within the sanitary sewer lateral, after Thanksgiving
Day, 2011.
10. Plaintiff's resulting property damages and loss exceed the jurisdictional limit of the
Associate District Court.
11. On or about December 7, 2012 Plaintiff filed a claim against Defendant City, alleging
that its construction of the water main connection directly above the sewer lateral was a cause of
damage to the sewer lateral.
12. On or about May 6, 2013 the Defendant City denied Plaintiff's claim for the damages he
claims herein.
WHEREFORE Plaintiff prays that the Court enter Judgment against the Defendant, City of
Dubuque, Iowa, in an amount that will fully, fairly and adequately compensate him for damages to
said water main, including, but not limited to, the expenses that he incurred in excavating,
diagnosing and repairing the sanitary sewer lateral.
This Petition has been drafted by an Attorney who contracted with me to limit the scope of
his representation pursuant to Iowa Rule of Professional Conduct 32:1.1(c), to draft this Petition,
the Original Notice, Petition Cover Sheet and Protected Information. That Attorney's name is
Francis J. Lange, AT 0004566, 698 Central Avenue, Dubuque, IA 52004 -1811. His telephone
number is (563) 557 -8051 and his facsimile transmission number is (563) 557 -8052.
JO 3' H E f'' EAL Y
P TIFF, PRO SE
22 86 Crissy Drive
Dubuque, IA 52001
Ph: (563) 495 -5548
No FAX # or Email address
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