HomeMy WebLinkAbout97-06458
5, Al ulltimes mllteriul heretn, Delendunl owned, possessed, conu'ulled, und/or
lensed tmller //234587, which wns purked lIt the term\llllllocaled at 10() Roudway Drive,
Clll'lisle, PA,
6, On Ill' Ublllll August 4, 191)6, Tmvis Phillips wns an employee or Cleun
Tenm nulldlng Services, and was assigned to Rondway Express, Inc, to clean ollltrnller
1/234587. He was in Ihe process or cleariag the trailer when he was caused 10 slip nnd fall as a
result or stepping on an unsecured pieee or metal which was covering a hole in the trailer
tloor,
7, The trailer was dark Inside becnuse the IIghls were lllltturned on,
8, As a result of the slip and rail, Travis Phillips suffered severe und disabling
injuries, ns described below,
9, The fnll was duc 10 till: negligcncc, carelcssness, and recklcssness or thc
Defendalll, including, but nOllimited to:
A, Allowing a dangcrous condition to cxist with rcspect to thc
unfastened piece of metal which was covering a hole in the trailer bcd where
Dcfendant knew pcople would nced to walk;
n, Failing 10 warn persons, such as Plaillliff. of an unrcasonablc risk of
harlll prcselllcd by Ihe dangerous condilion of thc trailcr tloor;
C, railing tll rcpair. maintain, inspect, and control the trailer tloor;
D, Failing 10 fasten Ihe piece or lIlctalto the trailer bed l111or, and to
ensure thallhe hole in Ihc 110m was sately covercd;
E, Failing to propcrly lighllhc inside of the trailer.
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6, Denied ae stated, It Is edmltted that on the date alleged, Plaintiff
was an employee of Clean Team Building Services, As to the balanoe of the
allegations of this paragraph, after reasonable Investigation, Dafendant Is without
knowledge or Information sufficient to form e belief as to the truth of these allegations
and proof thereof Is demanded,
7, Denied. It Is denied that the trailer was dark Inside,
8. Denied, After reasonable Investigation, Defendent Is without
knowledge or Information sufficient to form a belief as to the truth of these allagatlons
and proof thereof Is demanded.
9. Denied pursuant to Pe, R.C,P. 1029.
10.-12. It Is deniad that the Defendant was negligent. As to the balanca
of the allegations of this paragraph, after reasonable Investigation, Defendant Is
without knowledge or Information sufficient to form a belief as to the truth of thesa
allegations and proof thereof Is demanded.
WHEREFORE, Defendant requests that Plaintiff's Complaint be dismissed
without cost to It.
m..w MATTER
13. Plaintiff's claim is or may be subject to the provisions of the
Pennsylvania Financial Responsibility Act, the limitations of which are Incorporated
herein by reference thereto.
14. Plaintiff has or may have failed to mitigate his damages.
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