Suit by Scott Estal vs. City of Dubuque E-FILED 2015 FEB 02 4:03 PM DUBUQUE - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT IN AND FOR DUBUQUE COUNTY
SCOTT ESTAL,
Plaintiff, NO. LACV 102548
VS. 0`"`�-
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CITY OF DUBUQUE, an Iowa Municipal
<a Corporation, _ l
Defendant. cn
PETITION AT LAW
COMES NOW Plaintiff, Scott Estal, by and through his attorneys, Betty, Neuman &
McMahon, P.L.C., and for his Petition at Law against the Defendant, City of Dubuque, states
as follows:
COMMON ALLEGATIONS
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1. Plaintiff Scott Estal is an individual residing in Dubuque County, Iowa.
2. Defendant City of Dubuque ("City") is an Iowa Municipal Corporation, duly
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organized and existing in Dubuque County, Iowa.
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3. Prior to February 6, 2013, Defendant City hired Molo Plumbing & Heating l
LLC to perform services for and on behalf of Defendant City at the Dubuque City Hall Annex N
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Building ("Building") located in the city of Dubuque, Iowa.
4. Molo Plumbing & Heating LLC was hired by Defendant City to perform
services at the Building that included the installation of an air conditioning unit at the
Building.
S. The Building is owned and operated by Defendant City. k
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E-FILED 2015 FEB 02 4:03 PM DUBUQUE -CLERK OF DISTRICT COURT
6. On or around February 6, 2013, Plaintiff, while acting under the scope of
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employment of Molo Plumbing&Heating LLC and pursuant to the business arrangement or
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agreement between Molo Plumbing&Heating LLC and Defendant City,went to the Building
to install an air conditioning unit in the basement of the Building.
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7. Plaintiff was provided access to the basement of the Building, by and through
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the instruction of Defendant City, through an exterior staircase next to the building which is
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owned and operated by Defendant City.
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8. On February 6, 2013, the exterior staircase of the Building was kept in an
unreasonable condition by Defendant City and was covered in natural accumulations of
snow and/or ice.
9. On February 6, 2013, Plaintiff fell on the exterior staircase due to the natural
accumulations of snow and/or ice.
10. As a result of the fall, Plaintiff suffered personal injuries.
11. The amount of damages suffered by Plaintiff is in excess of jurisdictional
limits.
COUNT I - NEGLIGENCE
12. Plaintiffs repeat and reincorporate the allegations of 1-11 of Common
Allegations as if fully set forth herein.
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13. Defendant City owed a duty to Plaintiff to keep the exterior staircase of the P
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Building free and clear of obstructions for safe travel and to avoid an unreasonable risk of II
injury to a person in Plaintiff's position. s
14. Defendant City was negligent in one or more of the following ways:
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E-FILED 2015 FEB 02 4:03 PM DUBUQUE -CLERK OF DISTRICT COURT
a). By failing to remove the natural accumulation of snow
and/or ice from the exterior staircase within a reasonable
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amount of time;
b). By failing to exercise ordinary care in removing the snow
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and/or ice from the exterior staircase; and
c). By failing to sand, salt or otherwise make the surface safe
for persons expected to cross it, including Plaintiff.
15. Defendant City knew about the cause of the accumulation of snow and/or ice
on the exterior staircase of the Building at the time of Plaintiff's accident.
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16. Alternatively, the snow and/or ice accumulation on the exterior staircase of
the building existed long enough that Defendant City should have discovered and removed
the accumulation in the exercise of ordinary care.
17. Defendant City's negligence was a proximate cause of Plaintiff's damages as
set forth herein.
18. As a result of the accident, Plaintiff has suffered severe and permanent
personal injuries.
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19. Plaintiff's damages exceed the jurisdictional amount for a small claims action.
WHEREFORE, Plaintiff, Scott Estal, demands judgment against Defendant, City of
Dubuque, in a reasonable amount to compensate for Plaintiffs injuries, together with d
interest as provided by law and the costs of this action and for such other and further relief
as the Court deems necessary and just.
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E-FILED 2015 FEB 02 4:03 PM DUBUQUE-CLERK OF DISTRICT COURT
COUNT II-PREMISES LIABILITY
20. Plaintiffs repeat and reincorporate the allegations of ¶¶ 1-11 of Common
Allegations as if fully set forth herein.
21. Defendant City knew or in the exercise of reasonable care should have
known of a condition on Defendant City's premises and that it involved an unreasonable
risk of injury to a person in the Plaintiff s position.
22. Defendant City knew or in the exercise of reasonable care should have
known:
a).that Plaintiff would not discover the condition, or
b). that Plaintiff would not realize the condition presented an
unreasonable risk of injury, or
c).that Plaintiff would not protect himself from the condition.
23. Defendant City was negligent in one or more of the following ways:
a). By failing to remove a natural accumulation of snow and/or
ice within a reasonable period of time;
b). By failing to remove a natural accumulation of snow and/or
ice with the exercise of ordinary care; and
c). By failing to sand, salt or otherwise make the surface safe
for persons expected to cross it, including Plaintiff.
24. Defendant City's negligence was a proximate cause of Plaintiffs damages as
set forth herein.
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25. As a result of the accident, Plaintiff has suffered severe and permanent
personal injuries.
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E-FILED 2015 FEB 02 4:03 PM DUBUQUE - CLERK OF DISTRICT COURT
26. Plaintiff's damages exceed the jurisdictional amount for a small claims action.
WHEREFORE, Plaintiff, Scott Estal, demands judgment against Defendant, City of
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Dubuque, in a reasonable amount to compensate for Plaintiffs injuries, together with
interest as provided by law and the costs of this action and for such other and further relief
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as the Court deems necessary and just.
BETTY, NEUMAN &McMAHON, P.L.C.
By: Al Martha L. Shaff
Martha L. Shaff #AT0007215
By: ,/slBrandon W. Lobberecht
Brandon W. Lobberecht #AT0011918
1900 East 54th Street
Davenport, IA 52807-2708
(563) 326-4491
(563) 326-4498 (FAX)
E-mail address: mis@bettylawfirm.com
bwl@bettylawfirm.com
ATTORNEYS FOR PLAINTIFF SCOTT ESTAL
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IN THE IOWA DISTRICT COURT IN AND FOR DUBUQUE COUNTY
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SCOTT ESTAL,
Plaintiff, NO. LACY 102548
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vs.
CITY OF DUBUQUE, an Iowa Municipal
Corporation, .. ITI
Defendant.
ORIGINAL NOTICE
TO THE ABOVE NAMED DEFENDANT(S):
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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 which petition and any
documents filed with it is attached to this notice. The attorney for the plaintiff is Martha L.
Shaff of Betty, Neuman & McMahon, P.L.C., whose address is 1900 East 54th Street,
Davenport, Iowa 52807-2708. That attorney's telephone number is (563) 326-4491;
facsimile number (563) 326-4498.
You must serve a motion or answer within twenty (20) days after service of this
original notice upon you, you serve, and within a reasonable time thereafter file a motion Y
or answer with the Clerk of 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 thepetition.
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 (319) 833-3274.
(If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942).
Clay G. Gavin
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(SEAL) By: , Designee
CLERK OF THE COURT
Dubuque County Courthouse
Dubuque, Iowa 52004
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IMPORTANT
YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS.
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STATE OF IOWA JUDICIARY case"°. LACV102548
county Dubuque
Case rine SCOTT ESTAL VS. CITY OF DUBUQUE, IOWA a
THIS CASE HAS BEEN FILED IN A COUNTY THAT USES ELECTRONIC FILING.
Therefore,unless the attached Petition and Original Notice contains a hearing date for your appearance,or unless you obtain an
exemption from the court,you must file your Appearance and Answer electronically. j
You must register through the Iowa Judicial Branch website at http://www.iowacourts.state.ia.us/Efile and obtain a log in and
password for the purposes of filing and viewing documents on your case and of receiving service and notices from the court.
FOR GENERAL RULES AND INFORMATION ON ELECTRONIC FILING,REFER TO THE IOWA COURT RULES CHAPTER
16 PERTAINING TO THE USE OF THE ELECTRONIC DOCUMENT MANAGEMENT SYSTEM:
http://www.iowacourts.state.ia,us/Efile
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FOR COURT RULES ON PROTECTION OF PERSONAL PRIVACY IN COURT FILINGS,REFER TO DIVISION VI OF IOWA
COURT RULES CHAPTER 16:http://www.iowacourts.state ia.us/Efile
Scheduled Hearing:
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If you require the assistance of auxiliary aids or services to participate in court because of a disability,immediately call your district u
ADA coordinator at (319)833-3332 . (If you are hearing impaired,call Relay Iowa TTY at 1-800-735-2942.)
Date Issued 02/03/2015 11:53:04 AM
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