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Home My WebLink AboutDossIN THE CLARK COUNTY CIRCUIT OR SUPERIOR COURTS STATE OF INDIANA RODNEY DOSS, Plaintiff, VS. CAUSE NO. 10 -0303-CT.- CITY OF JEFFERSONVILLE, Defendant SUMMONS TO: PEGGY WILDER, TREASURER CITY OF JEFFERSONVILLE 501 EAST COURT AVENUE JEFFERSONVILLE, IN 47130 You are hereby notified that you have been sued by the Plaintiff for damages in the Court indicated above. If this Summons is accompanied by an Order to Appear, you must appear in Court on the date and time stated in the Order. If you do not appear, evidence may be heard in your absence and a determination made by the Court. If a Temporaxy Restraining Order is attached, it is effective immediately upon your receipt or knowledge of the Order. If you wish to retain an attorney to represent you in this matter, it is advisable to do so before the date stated in the Order to Appear. A written response must be received from you and filed with the clerk within twenty (20) days of service of this pleading (twenty-three (23) days if you are served by Certified Mail). IE YOU TAKE NO ACTION AND FAIL TO RESPOND WITHIN THE ABOVE TIMEFRAME, JUDGMENT BY DEFAULT MAY BE RENDERED AGAINST YOU FOR THE RELIEF SOUGHT IN THE COMPLAINT ATTACHED HERETO. It is suggested that you consult with an attorney of your choice regarding this matter. The following manner of service of Summons is hereby requested: CERTIFIED MAIL PAUL M. BLANTON, #22701-10 JEFFREY K. BRANSTETTER, #22286-10 BLANTON & BRANSTETTER, LLC 605 Watt Street Jeffersonville, IN 47130 Telephone: (812) 282-1132 Facsimile: (812) 284-1113 CL~o~u n~ y/~ CERTIFICATE O~F MAILING I hereby certify that on the ~___ day of~ 2003, I mailed a true and correct copy of this Summons and a copy of the Compl~fnt'F~¥ Dan~ages, by certified mail, return receipt ~//~)l~~_ Clerk, C]arkrCounty Dated: RETURN OF SERVICE OF SUMMONS BY MAIL I hereby certify that the attached return receipt was received by me showing that the Summons and a copy of the Complaint mailed to the Defendant, was accepted by the Defendant on the __ day of ~ 2003. I hereby certify that the attached return receipt was received by me showing that the summons and a copy of the Complaint was returned not accepted on the __ day of ,2003. I hereby certify that the attached return receipt was received by showing that the Summons and a copy of the Complaint mailed to the Defendant, was accepted by , age .__~ on behalf of said Defendant on the __ day of ,2003. Clerk, Clark County Dated: IN THE CLARK COUNTY CIRCUIT OR SUPERIOR COURTS STATE OF INDIANA RODNEY DOSS, Plaintiff, VS. CAUSE NO. 10 -0303-CT- CITY OF JEFFERSONVlLLE, Defendant APPEARANCE CAUSE NO. 10 -0303-CT- 1. Initiating Party RODNEY DOSS 2. PAUL M. BLANTON, #22701-10 JEFFREY K. BRANSTETTER, #22286-10 BLANTON & BRANSTETTER, LLC 605 Watt Street Jeffersonville, IN 47130 TELEPHONE: (812) 282-1132 FACSIMILE: (812) 284-1113 10 2003 Ciera-Super,or Court Ne. ! 3. COUNSEL WILL NOT ACCEPT SERVICE BY FACSIMILE. 4. THERE ARE NO RELATED CASES. NO ADDITIONAL INFORMATION REQUIRED BY STATE OR LOCAL RULES. PREPARED BY: PAUL M. BLANTON, #22701-10 JEFFREY K. BRANSTETTER, #22286-10 BLANTON & BRANSTETTER, LLC 605 Watt Street Jeffersonville, IN 47130 Telephone: (812) 282~1132 Facsimile: (812) 284-1113 Doss~Appearance IN THE CLARK COUNTY CIRCUIT OR SUPERIOR COURTS STATE OF INDIANA I~~ RODNEY A. DOSS, Plaintiff, VS. CAUSE NO. 10 CITY OF JEFFERSONVILLE. Defendant. SERVE: THOMAS GALLIGAN, MAYOR CITY OF JEFFERSONVILLE CITY COUNTY BUILDING COURT AVENUE JEFFERSONVILLE, IN 47130 ANNE MARIE GALLIGAN CITY ATTORNEY CITY OF JEFFERSONVILLE CITY COUNTY BUILDING COURT AVENUE JEFFERSONVILLE, IN 47130 RICHARD R. ELLIOTT DIRECTOR OF CITY PARKS 1406 FREDERICK AVENUE JEFFERSONVILLE, IN 47130 ROB WAIZ, CITY COUNCIL 501 EAST COURT AVENUE JEFFERSONVILLE, IN 47130 PEGGY WILDER, TREASURER CITY OF JEFFERSONVILLE 501 EAST COURT AVENUE JEFFERSONVILLE, IN 47130 LESLIE MERKLEY. CITY COUNCIL 501 EAST COURT AVENUE JEFFERSONVILLE, IN 47130 VICKI CONLIN, CITY COUNCIL 50 ! EAST COURT AVENUE JEFFERSONVILLE, IN 47130 RON GROOMS, CITY COUNCIL 501 EAST COURr[ AVENUE JEFFERSONVILLE, IN 47130 BARBARA WILSON, CITY COUNCIL 501 EAST COURT AVENUE JEFFERSONVILLE, IN 47130 DENNY FRANTZ. CITY COUNCIL 501 EAST COURT AVENUE JEFFERSONVILLE, IN 47130 -1- COMPLAINT FOR DAMAGES (Jury Trial Requested) COMES NOW, your Plaintiff, Rodney Doss, by counsel, Paul Matthew' Blanton and Jeffrey K. Branstetter, who files this. his Complaint for Damages, and, in support hereof, would respectfully show unto this Honorable Court the following, to wit: STATEMENT OF JURISDICTION AND VENUE °' 1. That at all times pertinent to this Complaint, the Plaintiff, Rodney A. Doss, was a resident of Clark County Indiana, and this cause of action is related to real property located in Clark County, Indiana. 2. That at all times pertinent to this Complaint, the Defendant was a municipal organization within Clark County, Indiana with an Executive Officer in Thomas Galligan, Mayor and represented by City Attorney, Anne Marie Galligan. 3. That the damages sought herein are within the jurisdictional limits of this Court. that this Court has jurisdiction over both the parties and the subject matter herein, and, further, that Clark County is the proper venue for this action. COMPLAINT FOR DAMAGES 4. That the Plaintiff restates and incorporates, by reference. Paragraphs 1 through 3 of this Complaint. 5. That on July 7. 2002, the Defendant herein was the owner of real property known as the Jeffersonville Aquatic Center managed and operated by the City of Jeffersonville Parks and Recreation Departmem. 6. That on July 7, 2002, the Plaintiff herein was an inviree to the real property known as the Jeffersonville Aquatic Center, and owned by the Defendant. 7. That on July 7, 2002, the real property owned by the Defendant, the improvements thereon and common areas of the Jeffersonville Aquatic Center were maintained by and/or were under the control of the Defendant, its employees, or its agents. 8. That as owner of the premises of the Jeffersonville Aquatic Center, the Defendant had a duty to maintain the common areas of the Jeffersonville Aquatic Center to protect invitees from hazards of which it was aware or should have been aware of with the exercise of due diligence. 9. That on July 7, 2002, the Plaintiff, while traversing a water slide placed in the common area of the Jeffersonville Aquatic Center for use by its patrons, cut his finger on said slide causing severe and permanent injuries ro his right long finger and his whole person, 10. That Defendant knew. or should have known with the exercise of due diligence, that the slide would present a hazard to invitees upon the premises. 1 t. That the Defendant breached its duty to protect Invitees, including the Plaintiff, from hazards by failing to shield patrons from injuries or risk therebf and/or by failing to provide warning of the hazardous condition which resulted in Plaintiff's injuries. 12. That as a result of Defendant's breach of its duty to protect invitees from hazards, the Plaintiff suffered permanent and disabling injuries to his right long finger and his whole person. 13. That as a result of his permanent and disabling injuries, the Plaintiff has incurred medical costs, loss of income, a dimishment of his future power to labor and earn money, a permanent impairment of his physical capacity, and emotional and physical pain and suffering for which he should be compensated. 14. That, consistent wSth IC 34-13-3-8, your Plaintiffprovided the Defendant with notice of his tort claim. That a true and correct copy of said notice is attached hereto as Exhibit "A" and Is further incorporated herein as if fully set forth in words and figures. 15. That Plaintiff's claim was den/ed by Midwest Claims Service, a company which handles the claims for Municipal Insurance Alliance--the Defendant's insurer. That a true and correct copy of said den/al is attached hereto as Exhibit "B" and is further incorporated herein as if fully set forth in words and figures. WHEREFORE, PREMISES CONSIDERED, your Plaintiff, by counsel, prays that this Honorable Court accept and file this, his Complaint for Damages, that a trial by jury be had on all issues so triable, and that this Court ORDER, ADJUDGE and DECREE as follows, to wk: 1) that Plaintiffbe compensated for all damages he sustained, for pain and suffering, for loss of income, for impairment of Plaintiff's power to labor and earn money, for Plaintiff' s permanent impairment; 2) that Plaintiffbe compensated for his costs expended herein, including reasonable attorneys' fees; AND 3) that he be awarded any other relief, be it general or specific, which this Honorable Court may feel he to be justly entitled. Respectfully submitted, RODNEY DOS~'. Plaintiff -4- #22701 - 10 f K. BRANSTETTER, #22286-10 & BRANSTETTER, LLC 605 Watt Street Jeffersonville, IN 47130 Telephone: (812) 282-1132 Facsimile: (812) 284-1113 TO: .NOTICE OF CLAIM PURSUANT TO IN'DIANA CODE 34-!3-3-8 THO_.M_~_S R. G_ALLtG.A~N, .MAYOR CITY OF JEFFERSONn/'ILLE 501 EAST COURT AVENqJE JEFFERSONVILLE.. IN' 47130 _~N_"N-E MARIE GALLI@AN ATTOtLNEY FOR THE CITY OF JEFFERSON-v'tLLE 501 EAST COURT AVENUE JEFFERSON-VILLE, IN 47130 RICHARD R. ELLIOTT DIRECTOR OF CITY PARKS 1406 FREDERICK AVENUE JEFFERSONVILLE, IN 47130 PEGGY WILDER CLERK TREASURER, CITY OF JEFFERSONVILLE 501 EAST COURT AVENUE JEFFERSONVILLE, IN 47130 ROB WAIZ JEFFERSONVILLE CITY COUNCIL PERSON 501 EAST COURT AVENUE JEFFERSONVILLE, IN 47130 LESLIE MER.KLEY JEFFERSONVILLE CITY COUNCIL PERSON 501 EAST COURT AVENUE JEFFERSONViLLE, IN 47130 VICKt CONLIN JEFFERSONVILLE CITY COUNCIL PERSON 501 EAST COURT AVENUE JEFFERSONVILLE. IN 47130 RON GROOMS JEFFERSONVtLLE CITY COUNCIL PERSON 501 EAST COURT AVEN-U'E JEFFERSONVILLE, IN 47130 NOTICE OF CL.~klM PUR.SUANT TO INDIANA COD_ · 4-t (Continued) BARBARA WILSON YEFFERSON-V'iLLE CITY COL~'CiL PERSON 501 EAST COURT AVEN-br-r-rE JEFFERS O.N-ViLLE, IN 47 t 30 DENNY FRA_NTZ JEFFERSONVILLE CITY COUNCIL PERSON 501 EAST COURT AVENUE JEFFERSONWILLE, IN 47130 PLEASE TAKE NOTICE that Rodney A. Doss does hereby file Ns Notice of Ton Claim, by and through Ns attorney, as follows, ro wk: 1. That on or about the 7th day of July, 2002, at approximately 2:20 p. m., Rodney Doss was an invitee of and was on the premises of the Jeffersonvi!Ie Aquatic Center located at 2107 Middle Road, Jeffersonville, Indiana. 2. That while on said premises as an invitee, Mr. Doss was using the equipment of the Jeffersonville Aquatic Center, specifically, a water slide. As tVh-. Doss was traveling down the slide, he noticed that a young girl was in front of him who also traveling down the slide, but at a more reduced rare. In order to avoid colliding with the minor enid and potentially injuring her, Mr. Doss attempted to stow himself by gabbing at the side of the slide. When Mr. Doss made this attempt, the fiberglass, having jusi been cut, lacerated his finger to the bone. 3. Mr. Doss sought rreanmanr at the Aquatic Center but felt that the persons rendering such treatment were too young and not appropriately equipped or trained to handle Ns dilemma. Given this, Mr. Doss exited the Aquatic Center on his own power and was transported, by his wife, to the Clark County Hospital. 4. Mr. Doss' finger required surgery to repair the significant laceration on Ns finger, missed time from work, was limited to one handed activities during rehabilitation, and has discovered that he has some level of permanent impairn~_ent to his finger. Mr. Doss' occupation is one wNch requires precision dexterity inasmuch as he is required to assemble computer boards with precision circuitry. 5..Mr. Doss' claim is continuing mud is believed, at this tkne, to be worth One Hundred Thousand Dollars and No Cents ($100,000.00). 6. The attorney for Rodney Doss is Paul M. Blanton of Blanton Law Office, LLC located at 530 East Court Avenue, Jeffersonville, Indiana 47130. Da,:ed ~_his ~he ! ~day PREP.A_RED BY: PAUL M. BLA_N'TON, #22701-10 Blanton Law- O~ice: LLC 530 East Court Avenue Jeffersonville, IN' 47130 Telephone: (812) 282-1132 Facsimile: (812) 282-3188 of Dece~ 530 E~ LaW O_~ice, LLC sT Coum Avenue Jeffersonvitle, IN' 47130 December 23, 2002 MIDWEST CLAIMS SERVICE Blanton Law Office, LLC Attn: Paul Bla nton 530 East Court Avenue Jeffersonville, IN 47130 Re; Program: Our insured: Date of Loss: Our Claim # Claimant: Municipal Insurance Alliance City of Jeffersonviile O7/07/2002 IN6 106683 Rodney Doss Dear Mr. Blanton: We handle the claims for the Municipa Insurance Alliance through which City of Jeffersonville is insured. We have received notice of the above-stated claim in which your client cut his finger while alledgely trying to stop himself from hitting a minor on a water slide at the Jeffersonville Aquatic Center on July 7, 2002. We have completed our investigation of this claim and do not find negligence on behalf of the City of Jeffersonville. Furthermore, our investigation has found no defects with the water slide at the Jeffersonville Aquatic Center. Enclosed is a copy of a letter dated September 30 which was sent to your client's previous attorney regar;ding this matter. In the absence of neglige.nce on behalf of the City of Jeffersonviile, MidWest Claims Service is denying your claim. Sincerely, Mark Salomon Senior Claims Adjuster 1-800~225-6561 x3056 Cc: City of Jeffersonville Municipal Insurance Alliance 1700 Opdyke Court, Auburn Hills, Michigan 48326 (248) 371-3086 · (800) 225-6561 · (248) 371-3091 fax · www. midwestc[aims.com Seotember 30, 2002 MIDWEST CLAIMS SERVICE Becker L~W Offices, PLC Attn: Kevin J. Reqfro 800 3rown & Wiiliamson Tower Louisville, Kentucky 40202 Re: Program: Our tnsurea: Date of Loss: Our Claim # Claimant: Municipal Insurance Altiance City of Jeffersonville 07/07/2002 IN6 1 06683 Rodney Doss Dear Mr. Renfro: We handle the claims for the Municipal Insurance Alliance through ~hich City of Jeffersonville is nsured. We nave received notice of the above-stated claim n which your client cut his finger while alledgely trying to stop himself from hitting a minor on a water slide at the Jeffersc nville Aquatic Center on July 7, 2002. We have completed our investigation of this claim and do not find negligence on behalf of the City of Jeffersonville. Furthermore. our investigation has foune no defects with the water side at the Jeffersonville Aquatic Center. In the ~'~ * "'~ m~¢rmr~nv'll¢ M[QweS~. =~,~n,,e of.~,.~,,q,,,,,*=,~ ;~'= on, be~atf., of the City of ......... 1,_. Claims Service is denying your claim. Sincerely, Mark Salomon Senior Claims Adjuster !-800-225-6561 x3088 Cc: City of Jeffersonville Municipai Insurance Alliance 1700 Ooc,/ke Court, Aubur¢ ~ s :~lich~c~n -'8326