Claim by Robert E. Sabers et alTHE CITY CJF
DUB E< MEMORANDUM
Masterpiece on the
BARRY LINDA L
CITY ATTORN Y
To: Jeanne Schneider
City Clerk
DATE: October 25, 2007
RE: Robert E. Sabers et al. v. Callahan Construction, Inc. and the City
of Dubuque
Jeanne:
Enclosed is a Petition for personal injuries filed in the Iowa District Court for Dubuque
County on October 18, 2007. Please place this on the agenda for the November 5, 2007
Council Meeting as a referral to the City Attorney's Office.
Enclosure
cc: Michael Van Milligen, City Manager
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 3OO MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113 / FAx (563) 583-1040 / EMAIL balesq@cityofdubuque.org
IN THE IOWA DISTRICT COURT IN AND FOR DUBUQUE COUNTY
ROBERT E. SABERS tooB: ~o~z~~s~l, and
.CATHY SABERS ~~oB: ai~~~7o~,
Plaintiffs,
vs.
LAW N O. ~ l .31 ~ C.. ~1-C V p~r5'az./~
PETITION AT LAW
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CALLAHAN CONSTRUCTION, INC. ) ~o ~,;
and the CITY OF DUBUQUE, ) ~
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COMES NOW the Plaintiffs in the above-captioned matter and does herebjrstate
the following:
GENERAL ALLEGATIONS
1. The Plaintiffs, Robert E. Sabers and Cathy Sabers, are residents of
Dubuque, Dubuque County, Iowa.
2. The Defendant, Callahan Construction, Inc., is a corporation duly organized
and existing pursuant to the laws of the State of Iowa with its principal place of business
in Dubuque, Iowa.
3. The City of Dubuque is an Iowa municipal corporation.
4. On or about October 23, 2005, at approximately 6:00 A.M., Plaintiff Robert
E. Sabers was traveling southbound on Seippel Road in the vicinity of Northwestbrook
Road, in Dubuque, Dubuque County, Iowa.
5. At the same time and place, an unidentified motorist was traveling
northbound on Seippel Road in thevicinityof Northwestbrook Road, in Dubuque, Dubuque
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County, Iowa.
6. At said time and place, the unidentified motorist, who was driving with his
bright headlights on, drifted into Plaintiff's lane as the unidentified motorist approached
Plaintiff's vehicle-
7. At said time and place, Plaintiff Robert E. Sabers observed the unidentified
motorist's vehicle drifting into Plaintiffs lane, and in response thereto, .Plaintiff Robert E.
Sabers attempted to give the unidentified motorist additional room by moving his vehicle
toward the right-hand portion of Plaintiff s lane and gradually onto the adjacent shoulder
of Seippel Road, at which point, the right front tire of Plaintiff's vehicle encountered a
washed out area in the shoulder of Seippel Road.
8. At said time and place, Plaintiff Robert E. Saber's vehicle entered the ditch
along the west side of Seippel Road as a direct and proximate result of the shoulder of
Seippel Road being improperly maintained, due to the presence of a washed out area on
the shoulder of Seippel Road, at the point where Plaintiff's car entered the shoulder area
of Seippel Road.
9. At said time and place, after entering the ditch on the west side of Seippel
Road, Plaintiff Robert E. Saber's vehicle struck a temporary driveway, which Defendant
Callahan Construction, Inc. had constructed on property owned by the City of Dubuque,
without obtaining a permit from the City of Dubuque.
COUNT I:
Negligence Against Defendants
Callahan Construction, Inc. and the City of Dubuque
10. Plaintiffs hereby adopt as if fully set forth herein paragraphs 1 through 9.
11. At said time and place, Defendant Callahan Construction, Inc. was negligent
in constructing and maintaining a driveway, on property owned by the City of Dubuque,
without obtaining a permit from the City of Dubuque.
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1
12. At said time and place, Defendant City of.Dubuque was negligent in failing
to adequately maintain the condition of the shoulder area of Seippel Road in the area
where Plaintiff's motor vehicle accident occurred.
13. The negligence of Defendant Callahan Construction, Inc. was a proximate
cause of the injuries to and the damages sustained by Plaintiff Robert E. Sabers.
14. The negligence of Defendant City of Dubuque was a proximate cause of the
injuries to and the damages sustained by Plaintiff Robert E. Sabers.
15. Asa result of Defendants' negligence, .Plaintiff Robert E. Sabers has
suffered and will continue to suffer damages, including but not limited to: past medical
expenses, future medical expenses, past lost wages, future loss of earning capacity, past
physical and mental pain and suffering, future physical and mental pain and suffering, past
loss of use of full mind and body, and future loss of use of full mind and body.
WHEREFORE, Plaintiff Robert E. Sabers respectfully requests that the Court enter
judgment for the Plaintiff against the Defendants, Callahan Construction, lnc., and the City
of Dubuque, in an amount sufficient to fairly and adequately compensate him for his
ihjuries, losses, and damages, and far interest and cost as provided by law, and for such
other and further relief as is just and equitable under the circumstances.
rni itiT n•
Loss of Spousal Consortium Against Defendants
Callahan Construction, Inc., and the City of Dubuque
16. Plaintiffs hereby adopt as if fully set forth herein paragraphs 1 through 15.
17. Plaintiff Cathy Sabers has suffered damages as a result of the loss of
her husband Robert E. Sabers' services, society, and companionship due to his injuries
incurred in the incident described herein.
WHEREFORE, Plaintiff Cathy Sabers respectfully requests that the Court enter
judgment for the Plaintiff against the Defendants, Callahan Construction, Inc., and the
City of Dubuque, in an amount sufficient to fairly and adequately compensate her for
her injuries, losses, and damages, and far interest and cost as provided by law, and for
such other and further relief as is just and equitable under the circumstances.
CERTIFICATION OF JURISDICTIONAL AMOUNT
Pursuant to Iowa Code § 619.18, Plaintiff certifies to the Court thatthis action meets
the applicable jurisdictional requirements for amount and controversy in District Court.
DUTTON, BRAUN, STAACK, & HELLMAN, P.L.C.
Attorneys for Plaintiffs
Thom- L. Staack ATT0007438
Farl J. Greene AT0009404
3151 Brockway Road
P.O. Box 810
Waterloo,, IA 50704
(319)234-4471
(319)234-8029 FAX
Original Fiied.
1:1L it\Sabers.Bob\Plead ings\Petition.wpd
IN THE IOWA DISTRICT COURT IN AND FOR DUBUQUE COUNTY
ROBERT E. SABERS and
CATHY SABERS
Plaintiffs,
vs.
C:v r31 I
CASE NO. LACY C~.S ~~~ ~ 3
ORIGINAL NOTICE
CALLAHAN CONSTRUCTION, INC., ) ~ o
and CITY OF DUBUQUE ) ~~ o ~
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Defendants. ) ~ ~~ su
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TO THE ABOVE-NAMED DEFENDANT: CITY OF DUBUQUE _ t~., ~..,
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You are notified that a petition has been filed in the office of the clerk ~ this~oun~
naming you as the defendant in this action. A copy of the petition is attached to this notice.
The attorneys for the plaintiff are Thomas L. Staack and Farl J. Greene, and their address
is 3151 Brockway Road, P.O. Box 810, Waterloo, Iowa 50704. The attorneys' telephone
and facsimile numbers are: Telephone (319) 234-4471; FAX (319) 234-8029.
You must serve a motion or answer within 20 days after service of this original
notice upon you. Within a reasonable time thereafter you must file your motion 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 the petition.
If you require the assistance of auxiliary aids or services to participate in court
because of a disability, immediately call your district ADA coordinator. (If you are hearing
impaired, call Relay Iowa TTY at 1-800-735-2942.)
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CLERK OF THE ABOVE COURT
Linn County Courthouse
Cedar Rapids, IA 52406-5488
IMPORTANT: YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO
PROTECT YOUR INTERESTS
I:\Lit\Sabers.BoblPleadings\Original Notice.wpd
IN THE IOWA DISTRICT COURT IN AND FOR DUBUQUE COUNTY
ROBERT E. SABERS (oos: 10/21/61), and ;
CATHY SABERS (~oB: a/1v7o),
Plaintiffs,
VS.
CALLAHAN CONSTRUCTION, INC.
and the CITY OF DUBUQUE,
Defendants,
LAW NO.
PETITION AT LAW
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COMES NOW the Plaintiffs in the above-captioned matter and does hereby state
the following:
GENERAL ALLEGATIONS
1. The Plaintiffs, Robert E. Sabers and Cathy Sabers, are residents of
Dubuque, Dubuque County, Iowa.
2. The Defendant, Callahan Construction, Inc., is a corporation duly organized
and existing pursuant to the laws of the State of Iowa with its principal place of business
in Dubuque, Iowa.
3. The City of Dubuque is an Iowa municipal corporation.
4. On or about October 23, 2005, at approximately 6:00 A.M., Plaintiff Robert
E. Sabers was traveling southbound on Seippel Road in the vicinity of Northwestbrook
Road, in Dubuque, Dubuque County, Iowa.
5. At the same time and place, an unidentified motorist was traveling
northbound on Seippel Road in thevicinityof Northwestbrook Road, in Dubuque, Dubuque
County, Iowa.
6. At said time and place, the unidentified motorist, who was driving with his
bright headlights on, drifted into Plaintiff's lane as the unidentified motorist approached
Plaintiff's vehicle.
7. At said time and place, Plaintiff Robert E. Sabers observed the unidentified
motorist's vehicle drifting into Plaintiffs lane, and in response thereto, Plaintiff Robert E.
Sabers attempted to give the unidentified motorist additional room by moving his vehicle
toward the right-hand portion of Plaintiff's lane and gradually onto the adjacent shoulder
of Seippel Road, at which point, the right front tire of Plaintiff's vehicle encountered a
washed out area in the shoulder of Seippel Road.
8. At said time and place, Plaintiff Robert E. Saber's vehicle entered the ditch
along the west side of Seippel Road as a direct and proximate result of the shoulder of
Seippel Road being improperly maintained, due to the presence of a washed out area on
the shoulder of Seippel Road, at the point where Plaintiff's car entered the shoulder area
of Seippel Road.
9. At said time and place, after entering the ditch on the west side of Seippel
Road, Plaintiff Robert E. Saber's vehicle struck a temporary driveway, which Defendant
Callahan Construction, Inc. had constructed on property owned by the City of Dubuque,
without obtaining a permit from the City of Dubuque.
COUNT I:
Negligence Against Defendants
Callahan Construction, Inc. and the City of Dubuque
10. Plaintiffs hereby adopt as if fully set forth herein paragraphs 1 through 9.
11. At said time and place, Defendant Callahan Construction, Inc. was negligent
in constructing and maintaining a driveway, on property owned by the City of Dubuque,
without obtaining a permit from the City of Dubuque.
12. At said time and place, Defendant City of Dubuque was negligent in failing
to adequately maintain the condition of the shoulder area of Seippel Road in the area
where Plaintiff's motor vehicle accident occurred.
13. The negligence of Defendant Callahan Construction, Inc. was a proximate
cause of the injuries to and the damages sustained by Plaintiff Robert E. Sabers.
14. The negligence of Defendant City of Dubuque was a proximate cause of the
injuries to and the damages sustained by Plaintiff Robert E. Sabers.
15. Asa result of Defendants' negligence, Plaintiff Robert E. Sabers has
suffered and will continue to suffer damages, including but not limited to: past medical
expenses, future medical expenses, past lost wages, future loss of earning capacity, past
physical and mental pain and suffering, future physical and mental pain and suffering, past
loss of use of full mind and body, and future loss of use of full mind and body.
WHEREFORE, Plaintiff Robert E. Sabers respectfully requests that the Court enter
judgment for the Plaintiff against the Defendants, Callahan Construction, Inc., and the City
of Dubuque, in an amount sufficient to fairly and adequately compensate him for his
injuries, losses, and damages, and for interest and cost as provided by law, and for such
other and further relief as is just and equitable under the circumstances.
COUNT II:
Loss of Spousal Consortium Against Defendants
Callahan Construction, Inc., and the City of Dubuque
16. Plaintiffs hereby adopt as if fully set forth herein paragraphs 1 through 15.
17. Plaintiff Cathy Sabers has suffered damages as a result of the loss of
her husband Robert E. Sabers' services, society, and companionship due to his injuries
incurred in the incident described herein.
WHEREFORE, Plaintiff Cathy Sabers respectfully requests that the Court enter
judgment for the Plaintiff against the Defendants, Callahan Construction, Inc., and the
City of Dubuque, in an amount sufficient to fairly and adequately compensate her for
her injuries, losses, and damages, and for interest and cost as provided by law, and for
such other and further relief as is just and equitable under the circumstances.
CERTIFICATION OF JURISDICTIONAL AMOUNT
Pursuant to Iowa Code § 619.18, Plaintiff certifies to the Court that this action meets
the applicable jurisdictional requirements for amount and controversy in District Court.
DUTTON, BRAUN, STAACK, & HELLMAN, P.L.C.
Attorneys for Plaintiffs
BY:
T om . Staack ATT0007438
Farl J. Greene AT0009404
3151 Brockway Road
P.O. Box 810
Waterloo, IA 50704
(319)234-4471
(319)234-8029 FAX
Original Filed.
1:\L it\Sabers.Bob\P lead i ngs\Petition.wpd
PETITION COVER SHEET FOR CIVIL LAW, DOMESTIC RELATIONS, AND
OTHER EQUITY CASES FILED IN IOWA DISTRICT COURT*
PLAINTIFF'S (OR ATTORNEY'S) NAME 8 ADDRESS: FOR COURT USE ONLY
Farl J. Greene
Dutton, Braun, Staack & Hellman, P.L.C. CASE NUMBER:
3151 Brockway Road, P.O. Box 810 COUNTY WHERE CASE FILED:
Waterloo, IA 50704
PETITIONER P.I.N. AT0009404 Telephone No.: (319) 234-4471
CASE NAME (Petitioner Name vs. Defendant Name):
Robert E. Sabers and Cathy Sabers v. Callahan Construction, Inc. and City of Dubuque
NATURE OF THE CASE: CHECK the BOX to the LEFT of the ONE case category that most accurately describes your PRIMARY
CASE.
If you are making more than one tvae of claim, check the one that involves the largest amount of damaoes or the one you consider most important.
• LAW: Contract/Commercial Claim • DOMESTIC RELATIONS • EQUITY
Debt collection (LA-C1) Dissolution -children involved (CD-DC) Mortgage foreclosure (EQ-EM
Employment-related claim (LA-C3) Dissolution - no children (CD-DN) Other real property claim (EQ-ER)
Other contract or commercial claim (LA-C9) Modification -children involved (CD-MC) Other equity (EQ-EO)
Modification - no children (CD-MN)
• LAW: Tort-Personal Injury (P.I.) §236 -Domestic abuse (DA-DA) • OTHER CIVIL ACTIONS
Motor vehicle accident (LA-T2) §234 -Foster care (DR-D1) Admin. appeal to dist.court (CV-V1)
x Premises liability/slip & fall (LA-T3) §252A -Support Action (DR-D2) Change of name (CN-CN)
Malpractice: medical or dental (LA-T1) §252A.18 -Foreign support (DR-D3) Distress warrant (CV-V2)
Products liability (toxic chem./subst.) (LA-T8) §2526.11 -Cost recovery (DR-D4) Foreign judgment entry (CV-V3)
Products liability (not toxic substance (LA-T4) §252C -Administrative Order (DR-D5) Lien (LN - IE, IH, IM or 10)
Wrongful death (LA-T7) §252D -Income withholding (DR-D6) Post conviction relief (PC-PC)
Other negligenUintentional P.I. (LA-T9) §252E -Medical support (DR-D7) Seized property/forfeiture (SP-SP)
§252F/ §6008 - Paternity (DR-D8) Transcript of judgment (TJ-TJ)
• LAW: Tort -Other damages (no P.1.) §252K - UFISA (DR-R1) Other civil action (CV-V9)
Professional malpractice - no P.I. (LA-T5) §5986 -Out of state custody (DR-R2) FOR COURT USE ONLY
Fraud business tort (LA-C2) §600 -Adoption (AT-AT)
Other tort-property/financial damages (LA-T8) Other domestic relations action (DR-D9)
'NOTE TO PETITIONER/PLAINTIFF:
'Pursuant to Iowa Rule of Civil Procedure 48, this cover sheet MUST accompany each civil petition EXCEPT: small claims, probate, or mental health
commitment actions.
Petition Cover Sheet for Civil Law, Domestic Relations, and Other Equity Cases File in Iowa District Court"
'DO NOT SERVE THIS COVER SHEET ON THE DEFENDANT(S).
*This cover sheet is for statistical purposes only. It shall have no legal affect in the case. ewns.ea..eoewi..a~P~cNw cov«an..cwve
IN THE IOWA DISTRICT COURT IN AND FOR DUBUQUE COUNTY
ROBERT W. SABERS and
CATHY SABERS
Plaintiffs,
CASE NO. LACV
vs.
CALLAHAN CONSTRUCTION, INC
and CITY OF DUBUQUE,
Defendants.
CONFIDENTIAL INFORMATION FORM
Please note: This form is for the submission of social security number ONLY. Dates of birth and employer
identification numbers are not confidential and should appear on the heading or fact of the petition, answer,
etc. Please print or type all information.
Name
Plaintiffs 1. Robert W. Sabers
2. Cathy Sabers
Defendants 1. Callahan Construction, fnc.
2. City of Dubuque
Information supplied by: Farl J. Greene
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Signat
~0._l7 U~7
Date
I:\Lit\Sabers.Bob\Pleadinga\Confidential Information Form.wpd