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`Exhibit A
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`Case 1:20-cv-00118-MAR Document 1-1 Filed 12/10/20 Page 1 of 8
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`

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`E-FILED 2020 NOV 18 12:34 PM LINN - CLERK OF DISTRICT COURT
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`Plaintiffs,
`
`Defendant.
`
`IN THE IOWA DISTRICT COURT IN AND FOR LINN COUNTY
`)
`
`)
`
`)
`LAW NO.
`)
`
`)
`
`)
`
`)
`
`)
`ORIGINAL NOTICE
`)
`)
`)
`)
`
`
`BRIAN J. KROGMEIER and
`PAMELA KROGMEIER,
`
`
`
`vs
`
`ARCHER-DANIELS-MIDLAND
`COMPANY,
`
`
`
`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 a petition in the above-entitled action, a copy of which petition is attached hereto. THIS
`CASE HAS BEEN FILED IN A COUNTY THAT USES ELECTRONIC FILING. Therefore,
`unless the attached Petition and Original Notice contains a hearing date for your appearance, or
`unless you obtain an exemption for the court, you must file your Appearance and Answer
`electronically. You must register through the Iowa Judicial Branch website at
`http://www.iowacourts.state.ia.us/Efile and obtain a log in and password for the purposes of
`filing and viewing documents on your case and of receiving service and notices from the court.
`FOR GENERAL RULES AND INFORMATION ON ELECTRONIC FILING, REFER TO
`THE IOWA COURT RULES CHAPTER 16 PERTAINING TO THE USE OF THE
`ELECTRONIC DOCUMENT MANAGEMENT SYSTEM:
`http://www.iowacourts.state.ia.us/Efile
`FOR COURT RULES ON PROTECTION OF PERSONAL PRIVACY IN COURT FILINGS,
`REFER TO DIVISION VI OF IOWA COURTS RULES CHAPTER 16:
`http://www.iowacourts.state.ia.us/Efile
`
`The Plaintiffs’ attorneys are Tim Semelroth and Dillon Besser whose address is Suite
`1140, 425 Second Street SE, Cedar Rapids, Iowa, 52401 (319) 365-9200.
`
`You are further notified that unless, within 20 days after service of this original notice
`upon you, you serve, and within a reasonable time thereafter e-file a motion or answer, in the
`Iowa District Court for Linn County, at the courthouse in Cedar Rapids, Iowa, judgment by
`default will be rendered against you for the relief demanded in the petition.
`
`If you need assistance to participate in court due to a disability, call the disability
`coordinator at (319)398-3920 ext. 1105 and ask for Julie Fette or email
`julie.fette@iowacourts.gov.
`Persons who are hearing or speech impaired may call Relay Iowa TTY (1-800-735-2942).
`Disability coordinators cannot provide legal advice.
`
`NOTE: The attorney who is expected to represent the defendant should be promptly advised by
`defendants of the service of this notice.
`
`Case 1:20-cv-00118-MAR Document 1-1 Filed 12/10/20 Page 2 of 8
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`

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`E-FILED 2020 NOV 18 1:04 PM LINN - CLERK OF DISTRICT COURT
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`Case No.
`County
`
`
`You must register through the Iowa Judicial Branch website at http://www.iowacourts.state.ia.us/Efile and obtain a log in and
`
`Therefore, unless the attached Petition and Original Notice contains a hearing date for your appearance, or unless you obtain an
`
`STATE OF IOWA JUDICIARY
`
`
`Case Title
`
`
`
` THIS CASE HAS BEEN FILED IN A COUNTY THAT USES ELECTRONIC FILING.
`exemption from the court, you must file your Appearance and Answer electronically.
`
`password for the purposes of filing and viewing documents on your case and of receiving service and notices from the court.
`
`FOR GENERAL RULES AND INFORMATION ON ELECTRONIC FILING, REFER TO THE IOWA COURT RULES CHAPTER
`16 PERTAINING TO THE USE OF THE ELECTRONIC DOCUMENT MANAGEMENT SYSTEM:
`http://www.iowacourts.state.ia.us/Efile
`
`FOR COURT RULES ON PROTECTION OF PERSONAL PRIVACY IN COURT FILINGS, REFER TO DIVISION VI OF IOWA
`COURT RULES CHAPTER 16: http://www.iowacourts.state.ia.us/Efile
`
`
`
`Scheduled Hearing:
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`If you require the assistance of auxiliary aids or services to participate in court because of a disability, immediately call your district
`ADA coordinator at . (If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942.)
`
`Date Issued
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`District Clerk of County
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`Case 1:20-cv-00118-MAR Document 1-1 Filed 12/10/20 Page 3 of 8
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`BRIAN J KROGMEIER ET AL VS ARCHER DANIELS MIDLAND
`
`Linn
`
`Linn
`
`LACV096517
`
`(319) 398-3920
`
`11/18/2020 01:04:31 PM
`
`/s/ Breauna Emanuel
`
`

`

`E-FILED 2020 NOV 18 12:34 PM LINN - CLERK OF DISTRICT COURT
`
`
`
`IN THE IOWA DISTRICT COURT FOR LINN COUNTY
`
`
`LAW NO.
`
`
`
`
`
`PETITION AT LAW AND
`JURY DEMAND
`
`
`
`BRIAN J. KROGMEIER and
`PAMELA KROGMEIER,
`
`
`
`vs.
`
`ARCHER-DANIELS-MIDLAND
`COMPANY,
`
`
`
`
`
`
`
`
`Plaintiffs,
`
`Defendant.
`
`
`
`Plaintiffs, Brian Krogmeier and Pamela Krogmeier, individually for their causes of action
`
`against Defendant Archer-Daniels-Midland Company, state as follows:
`
`1.
`
`At all times material hereto, Plaintiff Brian Krogmeier is and was a resident of
`
`COMMON ALLEGATIONS
`
`Coralville, in Johnson County, Iowa.
`
`2.
`
`At all times material hereto, Plaintiff Pamela Krogmeier is and was a resident of
`
`Coralville, in Johnson County, Iowa.
`
`3.
`
`At all
`
`times material hereto, Defendant Archer-Daniels-Midland Company
`
`(“Defendant ADM”) was a Foreign Corporation doing business in the state of Iowa, with its home
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`office in Decatur, Illinois.
`
`4.
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`Upon information and belief, Defendant ADM operates several production and/or
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`manufacturing facilities in the State of Iowa, including a corn sweetener plant (“ADM Plant”) in
`
`Cedar Rapids, Linn County, Iowa, with a mailing address of 1350 Waconia Avenue SW, Cedar
`
`Rapids, IA 52404.
`
`5.
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`At the time of the incident mentioned below, Plaintiff Brian Krogmeier was an
`
`employee of Knutson Construction Services Midwest, Inc. (“Knutson”), located in Iowa City, Iowa,
`
`an independent contractor.
`
`6.
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`On or about April 12, 2019, Plaintiff Brian Krogmeier was working on concrete
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`construction at the ADM Plant in Cedar Rapids, Linn County, Iowa.
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`7.
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`At this time, Defendant ADM maintained ownership and/or operation of the ADM
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`Plant.
`
`Case 1:20-cv-00118-MAR Document 1-1 Filed 12/10/20 Page 4 of 8
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`

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`E-FILED 2020 NOV 18 12:34 PM LINN - CLERK OF DISTRICT COURT
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`8.
`
`At this time, Plaintiff Brian Krogmeier was seriously injured while working at the
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`ADM Plant in Cedar Rapids, Linn County, Iowa.
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`9.
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`The amount in controversy exceeds the appropriate jurisdictional amount.
`
`COUNT I: NEGLIGENCE BY POSSESSOR OF LAND
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`10.
`
`Plaintiffs replead and incorporate by reference paragraphs 1 through 9 of this Petition
`
`as if fully set forth herein.
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`11.
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`At all times relevant to this matter, Defendant ADM, including Defendant’s agents
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`and employees, maintained occupation and substantial control of the premises and control of part of
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`the work being done by Knutson.
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`12.
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`As possessor of the land, Defendant ADM had a duty to Plaintiff Brian Krogmeier to
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`maintain its premises in a manner safe for the use of business invitees in the normal and reasonable
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`scope of such use and/or to warn invitees, such as Plaintiff Brian Krogmeier, of dangerous conditions
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`on the premises.
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`13.
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`Defendant ADM knew or in the exercise of reasonable care should have known of a
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`condition on the premises and that it involved an unreasonable risk of injury to the employees of an
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`independent contractor.
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`14.
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`Defendant ADM knew or in the exercise of reasonable care should have known:
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`a) Plaintiff Brian Krogmeier would not discover the condition; or
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`b) Plaintiff Brian Krogmeier would not realize the condition presented an
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`unreasonable risk of injury; or
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`c) Plaintiff Brian Krogmeier would not protect himself from the condition.
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`15.
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`Defendant ADM negligently breached its duty to Plaintiff Brian Krogmeier generally
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`and specifically by, including but not limited to, the following particulars:
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`a) Failing to keep the premises in a reasonably safe condition for an employee of an
`
`independent contractor;
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`b) Failing to exercise reasonable care to discover the condition that created an
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`unreasonable risk of harm to the employees of an independent contractor;
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`c) Failing to take special precautions and exercise its control with reasonable care
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`over the work for which Defendant maintained control;
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`d) Failing to use ordinary care;
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`e) Failing to provide safeguards against dangers for which Defendant was
`
`contractually obligated to provide protection;
`
`Case 1:20-cv-00118-MAR Document 1-1 Filed 12/10/20 Page 5 of 8
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`

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`E-FILED 2020 NOV 18 12:34 PM LINN - CLERK OF DISTRICT COURT
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`f) Failing to maintain a safe work environment;
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`g) Failing to follow policies, procedures, and standards; and
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`h) In other manners not yet known but which may become known through the course
`
`of discovery.
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`16.
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`The negligence of Defendant ADM—and/or its agents and employees—was a cause
`
`of Plaintiff’s damages.
`
`17.
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`Defendant ADM is liable for the negligence of its agents and employees and the
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`resulting damages pursuant to the legal doctrine of respondeat superior.
`
`18.
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`As a result of the negligence of Defendant ADM, Plaintiff Brian Krogmeier has
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`suffered and will in the future continue to suffer the following injuries and damages:
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`a) Past and future medical expenses;
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`b) Lost earnings;
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`c) Loss of future earning capacity;
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`d) Past and future physical and mental pain and suffering; and
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`e) Past and future loss of full mind and body.
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`WHEREFORE, Plaintiff Brian Krogmeier prays for judgment against Defendant ADM in an
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`amount that will fully, fairly, and adequately compensate him for the injuries and damages, together
`
`with interest as provided for by law, and the costs of this action, and such other and further relief as
`
`is just in the circumstances.
`
`COUNT II: NEGLIGENCE AS TO PECULIAR RISK AND INHERENT DANGER
`
`19.
`
`Plaintiffs replead and incorporate by reference paragraphs 1 through 18 of this Petition
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`as if fully set forth herein.
`
`20.
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`At all times relevant to this matter, Defendant ADM maintained ownership and
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`operation of the ADM Plant.
`
`21.
`
`22.
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`Defendant ADM employed Knutson, an independent contractor, to do work.
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`Defendant ADM recognized or should have recognized such work as likely to create,
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`during its progress, a peculiar risk of physical harm to others unless special precautions were taken.
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`23.
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`Defendant ADM knew or should have known such work involved a special danger to
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`others that was inherent in or normal to the work.
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`24.
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`Defendant ADM, when hiring Knutson, had a duty to contemplate and account for
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`such inherent danger when making such contract.
`
`Case 1:20-cv-00118-MAR Document 1-1 Filed 12/10/20 Page 6 of 8
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`

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`E-FILED 2020 NOV 18 12:34 PM LINN - CLERK OF DISTRICT COURT
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`25.
`
`Defendant ADM negligently breached its duty to Plaintiff Brian Krogmeier generally
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`and specifically by, including but not limited to, the following particulars:
`
`a) Failing to keep the premises in a reasonably safe condition for an employee of an
`
`independent contractor;
`
`b) Failing to recognize the work of the independent contractor was likely to create a
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`peculiar risk of physical harm;
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`c) Failing to take special precautions and creating a peculiar risk for the workers;
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`d) Failing to use ordinary care;
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`e) Failing to provide in the contract that the contractor shall take such precautions;
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`f) Failing to provide safeguards against dangers for which Defendant was
`
`contractually obligated to provide protection;
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`g) Failing to provide safeguards against dangers for which Defendant was legally
`
`obligating to provide protection;
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`h) Failing to maintain a safe work environment;
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`i) Failing to follow policies, procedures, and standards; and
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`j) In other manners not yet known but which may become known through the course
`
`of discovery.
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`26.
`
`27.
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`The negligence of Defendant ADM was a cause of Plaintiff’s damages.
`
`As a result of the negligence of Defendant ADM, Plaintiff Brian Krogmeier has
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`suffered and will in the future continue to suffer the following injuries and damages:
`
`a) Past and future medical expenses;
`
`b) Lost earnings;
`
`c) Loss of future earning capacity;
`
`d) Past and future physical and mental pain and suffering; and
`
`e) Past and future loss of full mind and body.
`
`WHEREFORE, Plaintiff Brian Krogmeier prays for judgment against Defendant ADM in an
`
`amount that will fully, fairly, and adequately compensate him for the injuries and damages, together
`
`with interest as provided for by law, and the costs of this action, and such other and further relief as
`
`is just in the circumstances.
`
`COUNT III: LOSS OF CONSORTIUM
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`28.
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`Plaintiffs replead and incorporate paragraphs 1 through 27 of this Petition as if fully
`
`set forth herein.
`
`Case 1:20-cv-00118-MAR Document 1-1 Filed 12/10/20 Page 7 of 8
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`

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`E-FILED 2020 NOV 18 12:34 PM LINN - CLERK OF DISTRICT COURT
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`29.
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`At all times material to this matter, Plaintiff Brian Krogmeier and Plaintiff Pamela
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`Krogmeier were married and living together as husband and wife.
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`30.
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`As a result of the negligence of the Defendant ADM, Plaintiff Pamela Krogmeier has
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`and will in the future suffer loss of services, support, companionship, and society of Brian Krogmeier,
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`her husband.
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`WHEREFORE, Plaintiff Pamela Krogmeier prays for judgment against Defendant ADM
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`that will fully, fairly, and adequately compensate her for her injuries and damages, together with
`
`interest as provided for by law, and the costs of this action, and such other and further relief as is
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`just in the circumstances.
`
`
`
`Plaintiffs request a jury trial on all issues triable to a jury.
`
`JURY DEMAND
`
`
`
`
`
`
`
`
`
`
`/s/ Tim Semelroth
`AT0007057
`Tim Semelroth
`tsemelroth@fightingforfairness.com
`
` /s/ Dillon Besser
`AT0013027
`Dillon Besser
`dbesser@fightingforfairness.com
`
`
`
`
`
`
`RSH LEGAL
`425 2nd St SE, Suite 1140
`Cedar Rapids, IA 52401
`Phone: (319) 365-9200
`Fax: (319) 365-1114
`
`ATTORNEYS FOR PLAINTIFFS
`
`
`
`Case 1:20-cv-00118-MAR Document 1-1 Filed 12/10/20 Page 8 of 8
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`