Claim by Paul's Tavern_Thomas KochIN THE IOWA DISTRICT COURT
DUBUQUE COUNTY -.
THOMAS KOCH, d/b/a PAUL'S TAVERN,
vs.
Plaintiff,
CITY OF DUBUQUE, IOWA, an Iowa
municipality,
NO. 01311 054890 ORIGINAL NOTICE
Defendant.
TO THE ABOVE-NAMED DEFENDANT(S): CITY OF DUBUQUE, IOWA
c/o Jeanne Schneider, Dubuque City Clerk
City Hall
Dubuque, IA 52001
YOU ARE NOTIFIED that a Petition was filed on the ~ b day of February, 2007, 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 attorney for the plaintiff is John F. Hodges, Fuerste, Carew, Coyle, Juergens & Sudmeier, whose
address is 151 West 8th Street, 200 Security Building, Dubuque, Iowa 52001-6832. That attorney's phone
number is (563) 556-4011; facsimile number (563) 556-7134.
You must serve a Motion or Answer within twenty (20) days after services of this original notice upon
you and within a reasonable time thereafter file your motion or answer with the Clerk of Court for Dubuque
Count, 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 disability,
immediately call your district ADA coordinator at (563) 589-4448. If you are hearing impaired, call Relay Iowa
TTY at 1-800-735-2942. ;
. ,~,
~`
(Seal) CLERK OF COURT
Dubuque County Courthouse
Dubuque, Iowa
IMPORTANT: YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT
YOUR INTERESTS.
State of Iowa
County
Notice received this date
I certify that I served the same and a copy of:
At
At
At
On
On
On
On
By serving At On
a person residing therein who was then at least 18 years old.
By serving At On
Notes:
FEES
Service - $
Copies - $ Official Title
Mileage - $
Total - $
(1) Designate whether defendant a partnership, corporation, association or individual suable under a common name, etc., as
may be appropriate under Rule 56.
(2) Designate whether an officer, agent, general partner, etc., as may be appropriate under Rule 56.
Note: Unsworn returns as above can be made only by Iowa officers, and can be made by them only as follows:
By sheriff or deputy sheriff, as to service in his own or a contiguous county, or
By any other peace officer, or bailiff or marshal, as to service in his own territorial jurisdiction.
All other returns, except where service is by official of an institution described in Rule 56(d) or (e), must be proved by the affidavit
of the person making the service. For manner of service on minor under 18 years old see Rule 56(b).
[ ]Petition [ ]Contempt
[ ]Modification [ ]Order
[ ]Application [ ]Other _
Served
At
RETURN OF ORIGINAL NOTICE
[ ]Personal
[ ]Dwelling House
[ ]Hotel or Boarding House
[ ] Corporation/Association
CAUSE #
IN THE IOWA DISTRICT COURT -=
DUBUQUE COUNTY ':~f- ~', ~'~
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THOMAS KOCH, d/b/a PAUL'S r. 4 --~
r
TAVERN, "-~ ~~~
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Plaintiff, r~`--
,,
vs.
CITY OF DUBUQUE, IOWA, an Iowa
municipality,
NO.01311
Defendant.
PETITION AT LAW AND
DEMAND FOR JURY TRIAL
COMES NOW Plaintiff, THOMAS KOCH, d/b/a PAUL' S TAVERN, and in
support of his Petition at Law states:
GENERAL
1. Plaintiff, Tom Koch, is a resident of Dubuque, Dubuque County, Iowa.
2. Defendant, City of Dubuque, Iowa, is an Iowa municipal corporation.
3. At all times pertinent hereto Plaintiff was the contract purchaser of
certain real properly located at 176 Locust Street, Dubuque, Iowa, legally described as:
North 3 feet 3 inches of Lot 82, and the South 24 feet 9
inches of Lot 83, in the City of Dubuque, Iowa, according
to the United States Commissioners' Plat of the Survey of
the Town (now City) of Dubuque, Iowa.
The Southerly 1/2 of the Northerly 40 feet of Lot 83 in the
Town (now City) of Dubuque, Iowa, according to the
United States Commissioners' Map of the Survey of the
Town of Dubuque, Iowa.
The north 20 feet of Lot 83 in the City of Dubuque, Iowa,
according to the United States Commissioners' Map of the
Town of Dubuque, Iowa,
which is hereinafter referred to as the "Property".
4. At all times pertinent hereto Plaintiff operated a business out of the
Property known as "Paul's Tavern" hereinafter referred to as the "business".
5. A claim against the City of Dubuque, Iowa was filed with the City Clerk
on or about August 22, 2006.
6. On or about January 24, 2007, Plaintiff was notified that said claim was
denied.
COUNT I
NEGLIGENCE
7. Plaintiff repleads Paragraphs 1 through 6 as if set forth herein verbatim.
8. Beginning in September of 2004 and continuing periodically until June
of 2006 raw sewage backed up into the basement of the Property.
9. The backup of raw sewage was the result of an obstruction located in a
sewer main found within the public right-of--way in the alley behind the property.
10. Defendant was at fault in the following particulars:
(a) Failing to properly inspect and maintain the sewer line;
(b) Failing to keep sewer line free from obstruction;
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(c) Failing to maintain accurate records concerning the location of
sewer lines; and
(d) Failing to locate and correct the problem in a timely manner.
11. The fault and negligence of the Defendant was the proximate cause of
the damages to Plaintiff.
12. Plaintiff has sustained damages in an amount in excess of the
jurisdictional limits of the Iowa Associate District Court.
13. Plaintiff demands a jury trial of all matters set forth herein.
WHEREFORE, Plaintiff, Thomas Koch, d/b/a Paul's Tavern, demands
judgment against the Defendant, City of Dubuque, Iowa, in excess of the jurisdictional
limits of the Associate District Court and in such sum as will fairly and adequately
compensate him for his loss and damage, plus interest as provided by law, and for the
costs of this action.
COUNT II
STRICT LIABILITY
13. Plaintiff repleads Paragraphs 1 through 6 as if set forth herein verbatim.
14. At all times pertinent hereto the Defendant was engaged in the
proprietary function of providing sewage disposal to residential, business, and
industrial properties through sewer lines located in the City of Dubuque.
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15. In carrying on the aforementioned functions the Defendant maintained a
system of sewer lines located within public right-of--ways situated throughout the
municipality.
16. Said sewer lines are buried below the ground, which affords the
Defendant the benefit of a lower maintenance cost for said system, while at the same
time placing the system in a location where it cannot be easily inspected.
17. The Defendant does not have a regular policy, practice, or program for
inspecting said sewer system or its components for obstructions prior to the occurrence
of an obstruction.
18. At various times from September of 2004 through June of 2006
obstructions formed in the Defendant's sewer system in a sewer main located in the
public right-of--way behind the Property, which serviced the Property.
19. Said obstructions caused raw sewage to accumulate in the basement of
the Properly.
20. As a proximate result of said obstructions, the Plaintiff has sustained
damages in an amount that exceeds the jurisdictional limitations of the Associate
District Court.
21. Plaintiff demands a jury trial of all matters set forth herein.
WI~REFORE, Plaintiff, Thomas Koch, d/b/a Paul's Tavern, demands
judgment against the Defendant, City of Dubuque, Iowa, in excess of the jurisdictional
4
limits of the Associate District Court and in such sum as will fairly and adequately
compensate him for his loss and damage, plus interest as provided by law, and for the
costs of this action.
FUERSTE, CAREW, COYLE,
JUERGBI~& SUDMEIER, P.C.
By:
-~1-.-_
-~'Jq~ui F. I~e'c~ge ,~T0003478
20Security Building
1 1 West 8th Street
ubuque, Iowa 52001
Phone: (563) 556-4011
Fax: (563) 556-7134
E-Mail: jhodges@fccjs.com
Attorneys for Plaintiff.
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