Claim Suit Shelsky, ConnieIN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY
CONNIE SHELSKY, )
)
Plaintiff, )
)
CITY OF DUBUQUE, IOWA. )
)
Defendant. )
ORIGENAL NOTICE
TO THE ABOVE-NAMED DEFENDANT:
YOU ARE HEREBY NOTIFIED that there is now on file in the office of the clerk of the
above court the above-entitled action, a copy of which petition is attached hereto, naming you as
a defendant in this action. The Plainti~s attorney is Bradley L. Norton of Norton, Attorneys at
Law, P.C., whose address is 504-8 Main Street, P.O. Box 100, Lowden, Iowa 52255; Phone
number: (563) 941-5301; Fax (563) 941-5304.
You are fin'ther notified that unless within 20 days after service of this original notice upon
you, you serve, and wilhln a reasonable time thereafter file, a motion or 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.
(SEAL)
Clerk of District Court
Dubuque County Courthouse
720 Central Avenue
Dubuque, IA 52001
NOTE:
The attorney who is expected to represent the Defendant should be pro~pt~, ~45j~,ef~y
the Defendant of the service of this notice. ~0!~L0 ~3,"i?~0 /~I!0
IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY
CONNIE SHELSKY, )
)
Plaintiff, )
)
CITY OF DUBUQUE, IOWA. )
)
Defendant. )
Case No.
PETITION AT LAW
COMES NOW the Plainti~ by and through her attorneys, Norton & Norton, Attorneys at
La,v, P.C., and for her cause of action against the Defendant states:
1. The Plaintiff, Connie Sbelsky, is a resident of Cedar County, Iowa.
2. That the Defendant City of Dubuque, Iowa, a municipal corporation organized
under the laws of the State of Iowa.
3. That on October 27, 2001, the Plalntiffwas severely injured on property owned
and maintained by the City of Dubuque. On October 27, 2001, the Plaintiff stepped into an
unmarked drainage culvert on the City's property near Gilliam Street and West Street which
caused herto fall and severely injure her left arm and elbow.
4. That the City- of Dubuque knew or in the exercise of reasonable care should have
known of the hazardous condition of the drainage culvert on their property and that it involved an
unreasonable risk of injury to a person in the Plaintiff's position.
5. That the City of Dubuque knew or in the exercise of reasonable care should have
known that the Plaintiff would not discover the hazardous condition of the drainage culvert or
realize the drainage culvert created an unreasonable risk of injury.
6. That the City of Dubuque was negligent in any of the following particulars:
a. tn failing to keep the City's property In a reasonably safe condition;
b. tn falling to inspect the City's property and ascertain the actual condition of
- the premise;
c. In failing to properly cover the drainage culvert;
d. In falling to warn the Plaintiff of the drainage culvert; and
e. In falling to mark the drainage culvert in a manner which would
have alerted the Plaintiff to the culvert's location.
7. That as a direct and proximate result of Defendant City of Dubuque's negligence
the Plaintiff sustained damages including bodily injury resulting in past and future medical
expenses, past and furore pain and suffering, and lost wages.
WHEREFORE Plaintiff prays for judgment against the Defendant City of Dubuque in an
amount which exceeds the mi_nimum jurisdictional requirements of this Court and which will fally
compensate the Plaintiff for any and all damages she sustained as a result of the City of
Dubuque's negligence and for any other relief the Court deefias equitable including interest and
costs.
NORTON & NORTON, ATTORNEYS AT LAW, P.C.
Bradley L. Norton 0~
504-8 Main Street, P.O. Box 100
Lowden, IA 52255
563-941-5301 563-941-5304 FAX
ATTORNEYS FOR PLAINTIFF
IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY
CONNIE SHELSKY,
?laintiff,
VS.
CITY OF DUBUQUE, IOWA.
Defendant.
Case No.
JURY DEMAND
COMES NOW the Plaintiff, by and through her attorneys, Norton & Norton, Attomeys at
Law, P.C., and hereby demands a jury trial of all issues in this matter.
NORTON & NORTON, ATTORNEYS AT LAW, P.C.
Bradley L. Norton 064'73~
504-8 Main Street, P.O. Box 100
Lowden, IA 52255
563-941-5301 563-941-5304 FAX
ATTORNEYS FOR PLAINTIFF