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8. The avennents in this paragraph constitute conclusions of law to which no
response is required. In the event a response is deemed to be required, it is specifically denied
that the Defendant was negligent and, therefore, denied that the accident occurred as a result of
any negligence on the part of the Defendant's employee, The balance of the avennents in this
paragraph are denied as conclusions oflaw.
9, The avennents in this paragraph constitute conclusions oflaw to which no
response is required. In the event a response is deemed to be required, it is denied that any
employees ofExel Logistics, Inc, were negligent and, therefore, denied that Exel Logistics, Inc, is
vicariously liable for the negligence of any employees,
10. The avennents in this paragraph constitute conclusions of law to which no
response is required. In the event a response is deemed to be required, it is denied that any
employees of Defendant Exel Logistics, Inc, were negligent and specifically denied that any of the
Defendant's employees were negligent in:
a, activating the spring-loaded dock plate while the Plaintiff was still
in contact with it;
b. activating the spring-loaded dock plate when Defendant's employee
knew or should have known that there was an unreasonable risk of
hann to the Plaintiff;
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c. jumping on the dock plate which caused the dock plate to strike the
Plaintiff;
d. failing to exercise reasonable care in handling the dock plate and
otherwise assisting the Plaintiff in loading his trailer;
e. exposing the Plaintiff to an unreasonable risk ofhann by falling to
wait until Plaintiff was clear of the dock plate before pulling the
dock plate chain; and
f. failing to warn or otherwise protect the Plaintiff from the
unreasonable risk ofhann of being struck by the dock plate.
11. The averments in this paragraph constitute conclusions of law to which no
response is required. In the event a response is deemed to be required, it is denied that any
employees of Defendant Exel Logistics, Inc, were negligent and, therefore, denied that the
Plaintiff suffered any injuries or damages as a result ofany negligence on the part of the
Defendant's employees, By way of further answer, Defendant is withoutlnfonnatlon sufficient to
fonn a belief as to the tNth or falsity of the avennents concerning the PlaintiO's injuries and,
therefore, denies the same and demands strict proof at the time of trial if deemed material.
12. Denied, The avennents in this paragraph constitute conclusions of law to which
no response is required, In the event a response is deemed to be required, it is denied that any of
the Defendant's employees were negligent and, therefore, denied that the Plalnllffwu forced 10
4
incur medical bills and expenses as a result of any negligence on the part of the Defendant's
employees. By way of further answer, Defendant is without information sufficient to form a belief
as to the truth or falsity of the averments conceming the Plaintiffs past or future medical bills and
expenses and, therefore, denies the same and demands strict proof at time of trial if deemed
material.
13, The averments in this paragraph constitute conclusions oflaw to which no
response is required, In the event a response is deemed to be required, it is specifically denied
that any of the Defendant's employees were negligent and, therefore, denied that the Plaintiff has
suffered or may suffer a loss of earnings or impairment of earning capacity as a result of any
negligence on the part of the Defendant's employees, By way of further answer, Defendant is
without information sufficient to form a belief as to the truth or falsity of the averments
concerning the Plaintiffs claim for lost earnings or earning capacity and, therefore, denies the
same and demands strict proof at time of trial if deemed material,
14. The averments in this paragraph constitute conclusions oflaw to which no
response is required, In the event a response is deemed to be required, Defendant denies that any
of its employees were negligent and, therefore, denies that the Plaintiff suffered any injuries,
damages or losses as a result of any negligence on the part of the Defendant's employees. By way
of further answer, Defendant is without information sufficient to form a belief as to the truth or
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CERTIFICATE OF SERVICE
AND NOW, this 24 day of July, 1997, I, Gregory E. Martin, Esquire, a member
of the Law Offices of Dale E. Anstine, P .C., hereby certify that I have, this date, served a copy
of the within and foregoing Plalntlfrs Reply to New Matter of Defendant by first class United
States Mail, postage, pre.paid, addressed to the party or attorney of record as follows:
John Statler, Esquire
320.E Market Street
Harrisburg, PA 17101
Respectfully submitted,
LAW OFFICES OF DALE E. ANSTINE, P.C.
BY: '" regory . Martin, Esquire
LD. No.: 38894
Two West Market Street
P.O. Box 952
York, Pennsylvania 17405
(717) 846.0606
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