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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 ~~ ,~ ~;: ~, c~'; _..~ C~ ~a O CALLAHAN CONSTRUCTION, INC. ) ~o ~,; and the CITY OF DUBUQUE, ) ~ ca ~ ~ -~ ° = Defendants, ) ;~ ~ ~r.--+ ; ._ ~ q ~' W _ 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 .: •'~,"L ;.~~;; ~}M,: 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. i 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 ~ ~. c~ -' Defendants. ) ~ ~~ su ~j r r,' -~ TO THE ABOVE-NAMED DEFENDANT: CITY OF DUBUQUE _ t~., ~.., \ ~~ ~. /1/ 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.) ~~ s,, ..~ ~, ~~ =' ,. .~ 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 .. ~.._, -~ _, _~ ~~~ " ~{m ". -:-:~ _' ~r, ,-, -, c~ ~~~: ~".; ~= =r, -4--~ -~= .. ,~ c..~ ~- .~ ~` ~ .1 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 -----_ Signat ~0._l7 U~7 Date I:\Lit\Sabers.Bob\Pleadinga\Confidential Information Form.wpd