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Civil Procedure Keyed to Spencer
Zielinski v. Philadelphia Piers, Inc.
Citation:139 F. Supp. 408 (1956)
CaseCast™ – "What you need to know"
Plaintiff was struck and injured by a forklift that Plaintiff believed was owned by Defendant, and operated by an employee of Defendant (Sandy Johnson). Johnson also believed he was employed by Defendant and stated that he was during an interrogatory. Defendant filed an answer generally denying all allegations, but not mentioning the fact that the ownership of the forklift and the employment of Johnson had both been transferred to Carload Contractors, Inc. Plaintiff later discovered this fact, but at this point the statute of limitations had expired, preventing Plaintiff from filing suit against Carload.
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