ZIELINSKI V. PHILADELPHIA PIERS, INC.
139 F. Supp. 408 (E.D. Pa. 1956)
NATURE OF THE CASE: This was an action to recover damages for personal injuries. Zielinksi (P) requested, in his personal injury action, that the trial court instruct the jury that Philadelphia (D) admitted the operator of the forklift which injured P was D's agent.
FACTS: Zielinski (P) was injured while operating a forklift for J. A. McCarthy. P sued Philadelphia Piers, Inc. (D) on February 9, 1953. D made a general denial to the allegations in the complaint. P alleged that Sandy Johnson was an agent of D, and operated a forklift owned by D. Johnson was negligent and caused P's injury. Sandy Johnson had worked for D for the previous 15 years and wasn't aware that he was now working for Carload Contractors, Inc. Sandy Johnson testified at a deposition that he had worked for D. Both Carload Contractors, Inc. and D forwarded their copies of the complaint to their insurance company, which was the same company. Both Carload and D were aware of the mistake that P had made in suing the wrong company. P discovered his mistake, but didn't find out that he was suing the wrong party until the pretrial conference on September 27, 1955. P moved for a ruling to estopp D from denying the facts alleged in the complaint because they allowed P to believe they were true.
ISSUE:
RULE OF LAW:
HOLDING AND
DECISION:
LEGAL ANALYSIS:
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