Legal Issues

S u m m o n   C o m p l a i n t

Polk County Court, the State of Iowa

Mr. Bob Tuttle and Mrs. Susan Tuttle vs.             Ms. Smith
(Plaintiff)
Mr. Owen Jones and Mrs. Dolly Jones                          
(defendants)

To the defendants

Attention Mr. and Mrs. Bob  Susan Jones and Mr.   Mrs. Owen  Dolly Jones

You are hereby summoned and mandated to appear before the Polk County Court, State of Iowa and defend against the charges made by the plaintiff within the time applicable in this scheduled action in this court. You are directed to appear in this court twenty days after this notification is received exclusive of Saturdays and Sundays.

In connection with the above, you are hereby notified that in case of your failure to appear before this court and defend against the complaint made by the plaintiff within the applicable time, judgment by default will be rendered by this court against you for the relief demanded in the complaint.

You are hereby further informed that in order for you to appear in this court and defend you may either appear in person or you file an answer to the complaint or construct a proper response in writing with the clerk of this court along with the necessary filing fee within the time specified in this notification. You are also directed to provide the plaintiffs attorney of a copy of any answer or response that you submitted before this court.

If in case a reasonable accommodation for person with disabilities is needed, request may be made by parties to the division assigned to the case at leased 3 judicial days in advance of a scheduled court proceeding.

Signed and sealed this date ___________________
                                            ___________________
                                             Justice of the peace

Background of the complaint                                 (Verified Complaint)

Plaintiff complained that

On the summer of ----the defendants, Bob and Susan Tuttle along with their daughter took the plaintiffs daughter Shayla to summer vacation on a small camp ground owned by Mr. Owen and Mrs. Dolly Jones, who are also respondents in the complaints.

That upon arrival in the said camp ground, at around 930 in the morning, Tamara dove into the pool despite it is supposed to open at 10 A.M. and invited Shayla to join her. Shayla dove into the pool unfortunately, she hit the bottom and broke her arm.

In view of this, the plaintiff made the following charges

Negligent supervision on the part of Mr. and Mrs. Tamara. The plaintiff held that the respondents (Mr.  Mrs.Tuttle) have a duty to supervise Shayla as she was under their care.

Negligence on the part of the pool owner, Mr.  Mrs Jones. The plaintiff holds that Mr. and Mrs. Jones are equally responsible as they failed to properly secure the pool perimeter prior to its opening which is 1000 A.M.

Apparently, the pool has a shallow part which may be dangerous for anyone diving into the pool.
The both sets of respondents have committed breached of duties.

Plaintiff alleges

The Polk county court has jurisdiction over the case.

Defendants should pay a total of 20,000 dollars for their negligence to supervise Shayla and for properly securing the pool entrance close prior to its opening, resulting to serious physical injury, and for moral damages the incident has caused on her.

That the plaintiff is entitled to attorney fees and cost arising from court litigation.

Under the existing laws, the Polk County court justice of peace whose signature affixed here in has found these charges has sufficient ground and the respondents are hereby directed to file appropriate answer to this court. You may reach the plaintiffs council for the purpose of handing a copy of your response to the charges at this address and telephone numbers.

The Polk County Court Judge of the peace
State of Iowa