E-FILED 2016 NOV 23 4:31 PM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT

SAC COUNTY
WILLIAM OGREN,
Plaintifl

LawNo.

vs.

JIMMYO'TOOL,
PETITIONATLAW

Defendant.

COMES NOW the Plaintiff, by and through his counsel, Simmons Perrine Moyer
Bergman PLC, and for his Petltion at Law against the above-named Defendant, states as

follows:

GENERAL ALLEGATIONS

(1)

The Plaintiff, William Ogren, is a resident of Odebolt, Sac County, Iowa.

(2)

Defendant Jimmy O'Tool is a resident of Sac City, Sac County, Iowa.

(3)

Defendant Jimmy O'Tool was the driver and owner of a 1997 Isuzu

automobile at al1 material times herein.

(4)

On May 22,2016, PlaintiffWilliam Ogren was driving a 2008 Buick

automobile he owned travefing eastbound on or near North

5th Street

and was in the process

of making a left-hand turn into Oakland Cemetery Drive in Sac City, Sac County, Iowa.

(5)
North

At said time and place, Defendant Jimmy O'Too1 was traveling eastbound on

5'h Street

and negligently rear-ended the vehicle driven by PlaintiffWilliam Ogren

causing Plaintiff damages.

COUNTI
Negligence against Defendant Jimmy O'Tool

(6)

Paragraphs 1 through 5 are incorporated herein by reference.

E-FILED 2016 NOV 23 4:31 PM SAC - CLERK OF DISTRICT COURT

(7)

At the time and place descrbed rn this Petition, Defendant Jimmy O'Tool

was negligent in the operation ofhis motor vehicle in various lespects, including but not

limited to failure to maintain control, failute to operate the vehicle at a speed that was
reasonable and proper for the conditions then and there existing in violation of Iowa Code
321.288,

fa

ure to keep a proper lookout, and failure to stop within the assured clear

distance.

(8)

The negligence on the part of Defndant Jimmy O'Tool was a proximate

cause of the damages sustained by the Plaintiff.

WHEREFORE, Plaintiff prays that judgment be entered against the Defendant,

Jimmy O'Tool, in an amount appropriate to compensate him for all of the damages he
sustained, including interest and costs, and for such other reliefas the court deems just and
equitable under the circumstances.

CERTIFICATION OF ruRISDICTIONAI AMOLTAIT

Pursuant to Iowa Code Section 6L9.L8, the Plaintiff certifies to the court that this

action meets applicable jurisdictional requirements for amount in controversy in District

Court.
., t.

'i

I
_

.1,rii

Chad M. VonKampen 4T0008087

Simmons Penine Moyer Bergman PLC
115 Third Street SE, Suite 1200
Cedar Rapids, IA 52401-L266
Telephone: (319) 366-7 641
Facsimile: (319) 366-1917
cvonkampen@simmonsperrine. com

ATTORNEYS FOR PLAINTIFF

E-FILED 2016 DEC 09 3:33 PM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT

SAC COUNTY
Small Claim No. SCSCo15829

JIMMY O'TOOL,
Plaintif,
VS.

WILLIAM OGREN
Defendant.

Law No. GVCVO19768

WILLIAM OGREN,

MOTION TO CONSOLIDATE CASES

Plaintiff,
vs.

JIMMYO'TOOL,
Dcfendant.

COMES NOW Plaintiff William Ogren (CVCV019768) and Defendant William

Ogren (SCSCo15829) and for his motion to consolidate two lawsuits states as follows:

1.

Jimmy O'Tool filed a sma1l claims action against Defendant William Ogren

on November 2,2016. That small claims case makes a propelty damage claim against

'William

Ogren for an automobile accident that occuned on May 22, 2016 . William Ogren

has filed an answer denying that claim.

2.

William Ogren filed

a sepatate

lawsuit in district court against Jimmy O'Too1

on November 23, 2016, making damage claims arising from this same May 22, 2016,

automobile accident. The action was filed in distrrct court to avoid the $5,000.00

jurisdictional mit in sma1l claims court

3.

as

Mr. Ogren's damages exceed $5,000.00.

The interests ofjustice and judicial economy would be served by

consolidating both ofthese lawsuits for trial in the disttict coutt case.

4.

Undersigned counsel has discussed this motion with Mr. O'Tool's attorney

who has indicated he consents to this motion to consolidate.

E-FILED 2016 DEC 09 3:33 PM SAC - CLERK OF DISTRICT COURT

WHEREFOR-E, William Ogren requests that both lawsuits be consolidated into the
district court case and that all future filings be made in the district coult case.
Respectfully submitted,

{'1,.**j i} li,,: ,

l)

)! /z

,,-1.-

Chad M. VonKampen AT0008087

Simmons Penine Moyer Bergman PLC
115 Third Street SE, Suite 1200
Cedar Rapids, IA 5240I-1266
Telephone: (319) 366-7 641

Facsimile: (3I9) 366-1917

cvonkampen@simmonsperrine. com

ATTORNEYS FOR
PLAINTIFF WILLIAM OGREN

The undersigned certifes that on December

. 2016. this document was electronically fled with the Clerk of Court using
EDN4S which will send notification of such filing to the following:
Charles A. Schulte schulawl

@gmail.com

Chad l\1. VonKampen cvonkampen@simmonsperrine.com

E-FILED 2016 DEC 27 9:04 AM SAC - CLERK OF DISTRICT COURT

IOWA DISI'RICT COURT

SAC COUNTY
WILLIAM OGREN
Plaintiff,

Law No. CVCV019768

VS.

JIMMYO'TOOL,

ACCEP'IANCE OF SERVICE

Defendant.

COMES NOW the undelsigned and hereby accepts service of the Plaintiffs Petition

atLaw

Schulte

Date

Schulte Law Finn

421 Main Street
P .O. Box 392
Sac City,

IA

l,C

50583

Telephone: (7 12) 662-47 15

schulawl @gmail.com

ATTORNEY FOR DEFENDANT

TheundersignedcertifesthatonDecenrberrl7.2016. lhis document was electronically

fied with the Clerk of Court using

Dl\4S which will send notificaton of such fling to the following:

Charles A. Schulte schulawl

@gmail.com

Chad lV. VonKampen cvonkampen@simmonsperrine.com

E-FILED 2016 DEC 27 11:04 AM SAC - CLERK OF DISTRICT COURT

IOWA
SAC COUNTY

WILLIAM

OGR-EN

AND JUDY OGREN,

Plaintiffs,

LawNo. CVCV019768

vs.

JIMMYO'TOOL,

PLAINTIFFS'
AMENDED PETITION AT LAW

Defendant.

COME NOW the Piaintiffs, by and through counsel Simmons Perrine Moyer
Bergman PLC, and for their Amended Petition at Law against the above-named Defendant,
state as follows:

GENERAL AILEGATIONS

(1)

The Plaintiffs, William Ogren and Judy Ogren, are residents of Odebolt, Sac

County, Iowa.

(2)

Defendant Jimmy O'Too1 is a resident of Sac Ciry, Sac Counfy, Iowa.

(3)

Defendant Jimmy O'Too1 was the owner of a 7997 Isuzu automobile at all

material times herein.

(4)

On May 22,2016, PlaintiffWilliam Ogren was driving a 2008 Buick

automobile which he and Plaintiff Judy Ogren owned. William Ogren was traveling
eastbound on or near North 5'r' Sffeet and was in the process of making a left-hand tum into

Oakland Cemetery Drive in Sac City, Sac County, Iowa.

(5)

At said tme and place, Defendant Jimmy O'Tool was driving his 7997 Isuzv

automobile eastbound on North 5'r'street and negligently rearended the vehicle driven by

Piaintiff William Ogren causing Plaintif' damages.

E-FILED 2016 DEC 27 11:04 AM SAC - CLERK OF DISTRICT COURT

COUNTI
Negligence against Defendant Jirnmy OtTool

(6)

Paragraphs 1 through 5 are incorporated herein by reference.

(7)

At the time and place described in this Petitron, Defendant Jimmy O'Too1

was negligent in the operation ofhis motor vehicle in various respects, including but not

limited to failure to maintain control, failure to operate the vehcle at a speed that was
reasonable and proper for the conditions then and there existing in violation of Iowa Code
321.288, failure to keep a proper iookout, and failure to stop within the assured clear
distance.

(8)

The negligence on the part of Defendant Jimmy O'Too1 was a proximate

cause of the damages sustained by the Plaintif.

'WHEREI

ORE, Plaintiffs pray that judgment be entered against the Defendant,

Jrmmy O'Tooi, in an amount appropriate to compensate them for all of the damages they
sustained, including interest and costs, and for such other eliefas the court deems just and
equitable under the cicumstances.

CERTIFICATION OF JURISDICTIONAI AMOUNT

Pursuant to Iowa Code Section 619.18, the Plaintiffs certifu to the court that this
action meets applicable jurisdictional requirements for amount in controversy in District
Court.

Chad M. VonKampen 4T0008087

Simmons Penine Moyer Bergman PLC
1 15 Third Street SE, Suite 1200
Cedar Rapids, IA 5240I-1266
Telcphonc: (3 19) 366-7 641
Facsimile : (319) 366-1917
cvonkampen@simmonsperrine. com

ATTORNEYS FOR PLAINTIFFS

1

E-FILED 2016 DEC 27 11:04 AM SAC - CLERK OF DISTRICT COURT

TheundersignedcertifesthaionDecemberJ'f.20l6,thrsdocumentwaselectronicallyfledwiththeClerkfcourtusng
EDI\S which will send noiification of such flling to the following:

Charles A. Schulte

schulaw1@gmail.com

Chad

SIGNED

lr4.

VonKmpen cvonkampen@simmonsperrine.com

E-FILED 2016 DEC 27 11:04 AM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT

SAC COUNTY
WILLIAM OGREN AND JUDY OGREN,
LawNo. CVCV01978

Plantrffs,

JURYDEMAND

vs.

JIMMY O'TOOL,
Defendant.

COME NOW the Plaintif and hereby demand trial by jury

(l,l

.i )t'l \,,. ,()1,,,.*"",

Chad M. VonKampen AT0008087

Simmons Penine Moyer Bergman PLC
1 15 Third Street SE, Suite 1200
Cedar Rapids, IA 52401-7266
Tclephone: (319) 366-7 641
Facsimile: (319) 366-1917
cvonkampen@simmonsperrine. com

ATTORNEYS FOR PLAINTIFFS

The undersigned certifes that on December ,. 7 . 2016, this document was electronically fled with the Clerk of Court using
EDltlS which will send notification of such fllng to the following:
Charles A. Schulte schulawl

STGNED

@gmail.com

0$/'.rr4{ (\

Y?tn.ul. , ,n

!t;<. ,

Chad lt4. VonKampen cvonkampen@smrnonsperrine.com

E-FILED 2016 DEC 30 9:39 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 DEC 30 9:39 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 DEC 30 9:39 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 DEC 30 9:39 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 DEC 30 9:39 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 DEC 30 9:39 AM SAC - CLERK OF DISTRICT COURT