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Civil Procedure Keyed to Babcock
Zielinski v. Philadelphia Piers, Inc.
Citation:
139 F. Supp. 408 (E.D. Pa. 1956)ProfessorTodd Berman
CaseCast™ – "What you need to know"
Facts
Plaintiff Zielinski was injured by Sandy Johnson who was operating a forklift owned by Defendant Philadelphia Piers. Plaintiff alleges that Johnson was an employee and agent of Philadelphia Piers at the time of the incident. Sandy Johnson worked for Philadelphia Piers for 15 years but was not aware that the company had transferred ownership of the operation, and that he had in fact been working for Carload Contractors, Inc. Johnson also mistakenly testified that he worked for Philadelphia Piers during depositions attended by representatives from Philadelphia Piers who made a general denial of the allegations in Plaintiff Zielinski’s complaint, but did not clarify that ownership had been transferred to Carload. Philadelphia Piers, Carload, and the insurance company that provided insurance to both companies were aware of Plaintiff Zielinski’s error in suing Philadelphia Piers instead of Carload. Plaintiff Zielinski did not realize his mistake until the pretrial conference.
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