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6. I>enk'\!. Delcndalll. Cressler specilically denies the ;allegations set forth in
paragraph 6 of I'I;aintifls' Complaint. It is specilic;ally denied that on September 13, JW
Plaintiff, Ernest J. Souder was unloading army vehicular lrucl seats frnm a ~c1us,,'\!. trailer
van. To the concrary, it is helie\',,'\! and therclilre averr"'\!lh;at Plaincifr. Ernest J. Souder was
unloading army vehicular truck seats fwm a box trailer on Septemher 13,lm.
7.8. Denied, Defendant, Cressler sp'-'Cilically denies the allegation.'i set fonh in
paragraphs 7 and 8 of I'laintifls' Complaint in acwrdance with Pa.R.C.l'. 1029(e).
9. Denied. Delendant. Crcssler sp'-'Cilically denies tbe allegations sct forth in
paragraph 9 of Plaintiffs' Complaint, It is sp'-'Cilically denied that the ."Tates~ were packaged
by Defendant. Cressler. andhlr that Defendant, Cressler tr.msponed any .cratcs. to Plaintilrs
place of employment, To the contrary, l>Cfendant, Cressler did not padage any items
whatsoever. By way of funher an.'iwer. l>efendant. Cressler transponed to I'laintill"s place of
employment whicular truel scats on slid, pr,,'Jl3n.'\! and paclagt.'\! by Defendant. OSM
Corporation. l>Cfendant, Cresslcr play",\! no wle whatsuewr in the preparatiun. packaging.
loading and/or unkllkli", of the slids in '\UCSIion,
10.1 \. Denied, 1>cf,,-ndant. CrC\s1er specifICally denies the allegations ~.. forth in
paragraphs 10 and II or PbintilT, C.llnrlaint in ~.Of<1m..'e with 1'a,R,C,P, 1O~9{e).
12, Denied, l>Cfendant. ('res.sler "1"''Cilil.:ally slenko'" the i1Ilq!atiuns lid r.>rth in
\'ilragraph 12 and ~ragrarl" I~ AI' lOt P1;lIntilh' Cllmrl;lInt, 11 IS s('t.'CIIil.:ally .h."lti<.'\!tlut
Udendant, Cressler tran:sp'f1C\l and'.... ~b~ any naill' Tn the nknl lhott l"Iatnlilh <IN
rd<<ri"ll hI \kid.. ut \'dI~.oulaf 1I11d. <<ats. 1\ is ~'i1i1.:ally \kftit.'d thai Iltknllant. Cm..kr
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packaged said skids, To the \:ontrary, said skids were packaged hy J)eli:ndant. OSM
Corporation. By way of further denial. it is sJl'.'Cilically denk-d lhat Ikli:ndant. Cressler's
transponation of the skids was in any way impropcr. To the contrary, Defendant, Cressler's
transponation of the slids in question was proper and appropriale in all resJl'.'l.:ts. With regard
to the subparagraphs of paragraph 12 of PlaintilTs' Complaint. Defendant, Cressler funher
responds as follows:
A. It is sJl'.'l.:ilkally deni~-dthat l>eli:ndant, Cressler dcliver~-d any -crates.
to Plaintiff's employer. To the Clltcnt that Plaintiffs are referring to
skids of vehicular truck seats, it is specifically denied that Defendant.
Cresskr pla)'~-d any role in 'l:1~'l.:ting whether the shJs wllUld he
deliven.-d "n a tlat hl.-d \railer rather lhan a "c1.,S<,-d" tr:aila. Tll the
l.'Ontrary. said decision was made by 1kfendant. OSM Corporation
and/or Plaintiffs ~'ffiployer;
8, It is spccifl\:ally denied that Ddi:ndant, Cressler played any rule in
selectill/:! the type and/or dimensions of the IIandinJ used in the
pt'l'J':'rati4ln am'lIr (l3l:la)!illj! "" the shh. TII the ~"'ntrar). ..aid
decisions w~re made by Ikh:ndalll. nSM Cnrrllrati41f1 and/or Plaintiff's
cmpklyer;
C, It is "I'-'l.:ilkally lk'tl~-d that Ikrendant, Cres\lt:t plAyed any mil:
whatlolCwr In till: de\:isltlll as ,,'lhe lype, .lime,,,io,,,,,, ;lIlLI'ur ro.....'lIlQi'"
nt' tloliml,"i! In ,he \'f\1'ilratlllQ WW I'KUJ'"' nl the shk fn lhc
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contrary, said decisions were made by Defendant, OSM Corporation
ao%r Plaintil1"s employer;
D. It is sJl\.'Cifically deniL'Il that Defendant, Crcssler played any roll:
whatsocvcr in deciding the amount of wraps of banding ao%r the
placement or positioning of the baooing in the preparation and/or
pacluiging III' the skids. To the contrary, said decision.s were made by
Defeooant, OSM Corporation and/or Plaintiffs employer;
E. It is specifICally denied that Defendant. Cressler played any role in the
decisinn as hI how many slots were pm\'ided for the bands. To the
contra!)'. said deci.sion.s were made by Defendant, OSM Corporation
and/or Plaintiffs employer;
F. It is specifl\:ally denied that l>efendant, Cressler played any mle
whatsnever in dt.'Ciding whether or not headen were tn he provided on
the skids. To the contrary. said decisions were made by Defendant.
OSM Corpof',llinn and/or Plaintiffs c:mpkl}'Cr,
13. Denied, (lefenWnt. Cressler specifically denk.~ the alkgations !OCt Illfth in
Jlaragraph 1) of Plaintiffs' Cl1l1l('1;tint, llet'enlbnt, Cressler is <kM~ by ~'\lUn.\C1 and thereltlre
avers tMt said alleJatilll\'i !ilak c._lu'lnl\'i IIf Iilw tn which ~, ~ll\\C is required under the
l\.'M\ylnnia Ru~ of nV'" 1....~~~ro the e\lenl that a ~lftSC may hc required, it is
\peciflCally denied that l'laintill. t:r~ J, s.llId<< ktN 'll ith n:a~-"k can: and lIo'a\ 1ll'iC
l.:11l1lrilUtlfily neJlipnI To ~ c.tlWnry, il \I helteVN and tbtn:ti>n: avem'\1 that the:
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29. Plaintiff. Ernest J. Souder's contributory negligence, combim:d with the
negligence of entities/individuals other than Defendant, Cressler caus~:d the incident and the
resulting alleged injuries and damages.
30. Plaintiffs' claims are barred either in whole or in pan by the l'ennsylvania
Comparative Negligence Act in that the negligence of Plaintiff, Ernest J. Souder is in excess of
the all.:ged combined negligence lIf any entities/individuals involved.
31. Plaintiff, Ernest J. SlIuder lnowingly and voluntarily assumed the risk of injury.
32. Defendant, Cressler did not prepare the vehicular truck. seats for
shipping/transponation,
33. Defendant, Cressler did not package the vehicular trucl seats for
shipping/transponation.
34. Defo:ndant. Cressler did not choose the metlkld of packaging the vehi\."Ular truck.
sealS for shipping/transportation.
35. Defendant. Cressler did not choose the type, dimensions and/or locations of
materials used for packaging the \'chK."Ular truck seats lilf shippilli/t....nsronatitm,
36. Defendant. Cressler did not choose the type, dimcmkm and/or klCation or
Jll15itioni", of the bandi", used with the pacu,ing of the whk."Ular truck seats f~ll'
shirPing/transpotUtion.
37 Iltli:lll1ant, Cressler did n..' ~"'1(l!ie till: type, dilnenl<illM anl1!lIr klCllion and
f'l~itkmm, ,\1' the tll~ \i~ ttll' the rad,.,l", 1'1' the \ehk:ula truck. ~'at\ f~\f
sbippl"fi"l'an'if'lltUtkltt
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3R. Defendant. Cressler did not dllKlse the amount of banding used for packaging
the vehicular truck seats filr shipping/transportation,
39. Defcndanl. Cressler did not choose how many slots were provided for the
banding of the vehicular trucl scals for shipping/transportation.
40. Defendanl. Crcssler did not dL"Cide whether to use headers li.lr packaging the
vehicular truck scals I'm shipping/tr:lnsponation.
41. Any and all decisions regarding the preparation and/or pa.:laging of the
vehil:ular truck scats for shipping/transponation were made by Defendant, OSM Corporation.
Plaintiffs employer. and/or other entitics/individuals O\'er whom Defendant, Cressler had no
contml or right to ""ontrol.
42. Defendant, Cressler JiLl nllt Illad the whi\.lllar trJK:l scats for
shipping/transportation lol'laintilrs employer.
43. Delendanl. OSM ClIrpllratilm and/or other entilies/individuals over whom
Defendant, Cressler had no I:ontrol or right to control loaded and/or othawisc
directed/controlled the loading of the vehicular tnJCk seats for ~ipping/transportation to
P1aintift"s employer,
~. Ueli:ndant. Cre"lcr was nllt inwhed in the unlllilding 01 the \chicular trJK:k
scats at Plaintill"s cmrJ.lyer,
4S, The unloading of the vehicular truck "'-"Its lIl-a.s pttft>rmed t1y and/or Illha:rwisc
1.hi'\"Cted!L"\\fItn>l1ed by Ptlinlill. hIS ,,,~cr. and'tlf '"~"f enut~liNln"'uab owr \\bo.lI11
UdcnWant, C~\1er hid lIoe""'">! Ill' tt#ht 1,1 \\lftln>l
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VERIFICATION
I hereby affirm that the following facts are correct:
I am a representative of the Defendant and am authorized to male this
VerifICation; the attached Answer with New Matter and New Mauer Pursuant 10 Pa.R.C.P.
22S2(d) is based upon information which I bave furnished to our counsel and information
which has been gathered by our COUl1lie! in defense of the lawsuit. The language of the Answer
is thaI of counsel and not of me. I have read the Alt~wer and to the extent that the same is
based upon information which 1 have given to our counsel. it is lrue and correct 10 the best of
my knowledge. information and helief. To the extent that the content of the Answer is thaI of
counsel, I have relied upon counsel in maling this VerifICation, I herdly acknowledge that the
facts set fonh in the aforesaid Answer are made subject to the pcnalties of 18 Pa. C.S. Section
4904 relating to UlISworn falsification to authoritics,
4JA~H &'- -~~
l"'t'onstance Shoernak.er
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SHERIFF'S DEPARTMENT
157 LINCOLN WAY EAST, CHAMBERSBURG. PENNSYLVANIA 17201 (717) 261.3877
SHERIFF SERVICE IN5THUGIlON5 FOll5FFNICF OF PIlOGF55 Pit'.'" Iype or pt,nl
PROCESS RECEIPT. and AFFIDAVIT OF RETURN k'Il,hly Do 1'<,1 delach any co",,"
PI AINllff ISI .
Erncst J, and Hcdwlg K. Soudcr
3 01 'I "lOAN! I~;I
Gablcr Trucking, Inc
,'1.0LJIH NUMIiIIf
96-5089
.. IVIII Of WI~I' {1I~ UlM,'t AINI
SUMMONS
Now,
{ 'INAMlllflNlllVlIlllAI ~j)"I"AtJll,;ld,'I;Al"'jl'l
Gablcr Trucking, Inc
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11NOICAIIUNUSUAl $lINICI IJ(;()MMt)NOf PA l;otl'UlllE i il)11I,'t
_ 19 ,I SHERIFF OF F1lANloollN COUNTY, PA. do hcmby deIK'lI'" It,.. Sht'IIIt 01
_._ County fn pxpc.:uh' thiS Writ and make n~tUfl1lhpr('()t accordulil
10 law ThIS deputallOl1 """KJ mati.. "llht' reQlI...1 ,,,,,, IIsk ot Ih.. pl."""" _ ___.._.._....... ...._.
.~~!!i:l_:". _, j..~i;;,_:..::.~_:.-'-
SERVE
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I..' .1 I/'J!\ I llti I" ',t IliI'IKINCJf l'fC 1'1 HI y h J III It VII 11 AllAl Itl [lltH ',( It n
AT
8~SPlCW:'II>ISTiiici1<iHS OR alliER 1Nf'0RMA1loN THAT WlU ASSIST IN EllPEDlnHa SEIMcE;
NOn ONlY APPIIC',AI ~ ON WAfT OF EXECUllON N 8 WAIVER OF WATCHMAN-Any ,..1".... ~.fd1 It'VYI'~ upon (" .Ittk;tlj-~I .Iny III'(lIlt."V uruh"
wrttMn .", moty lei,,"' s.JnW' ""dh;:ll.Jt .1 w",t, "I1\,J'l "~ .,,!. ';!, .,....... ....-J.., I, ':""ljl '" l..,V;..~..lon ~.n"f neJ4,IV"kJ r,."",()l'l 0110..... (If .lft,k.tn,,,:'1\1 ,*,thl.ltlt
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9 _TURf (~AT~Y ,. ,,''''" ORIGINATOR I"~) 1111 f~K)Nl NlJM"'! H I" OAII
Cumb~rland County Sh~rifr I
12, SEND NOnCE Of SERI/ICE COPY TO NAME AND AOORESS BElOW ,This .-e. _ be """'*'''''. not>ee IS to bem_1
Cumberland County Sh~riff. R. Thomas Kline. 1 Courthouse Square, Carlisle, PA 17013
---~ _=:==.=~E BE';'6.W~~tJSE=-OF SHERtFf'..ot4t.,j~OO ~WRl.TEJi~~. TIt!SlJNE-"- -_. ,.____
13 1,"'loowk'(1yt- u"Ct!'IPI uln",. .'11 , SKiNAJURE t A ,It - r.?,'j".t, ,-" c "'. ,ll'd ",,,, T14 n.dt.'.'."'t pi",',! 1'''' r ..pw.......'.-tit...tf',.. lLlk'
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cu.pnrahun. ('I{~ . 01' the ;tclltu":.s IIlSI.'lh'" hl'h,..... t'~ t",,,,!!'" i , TRUE and ATn.sno copy Iht'lt'of
,I, H.. ,''''....tt.l-d U"''Ihtny ,(JfINtf;lhptl I't. fl,tnlt';j ..txwt' 1St.... U-'tn.II'" tJt'lnwl
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Cdy, "UfO. Twp Slaw.wld Ie) COilh'.
Same as number 6, 9-19-96 2:09PM
'" A.ntwrs I Dei. 1 -.100t>. tntl o.ile 1 -, : lIep InI ! 0.1e 1[ - '-....1 0..1_1 Oot> In! [ 0..1_ 1 Oot> In!
.. 9/19 to v-t I l j l
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MY U_';"kllU k''lI. >J
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SHERIFF'S DEPARTMENT
157 LINCOLN WAY EAST, CHAMBERSBURG, PENNSYLVANIA 17201 (717) 261.3877
"^"-------
SHERIFF SERVICE INSlHUCTlONSrOn SEIMCf or PIlOCFSS PI,-asclvllc or pflnl
PROCESS RECEIPT. and AFFIDAVIT OF RETURN Il!q,I~V 00 not dclach any cop,cs
PI AfNllf I t:il
Erncst J, and Hcdwig K, Suudcr
;, UHlIO MJMHf H
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'IN[)tCAII
Now,
:1 UI ff NOANl 1St
Gablcr Truckin<j. Inc, cl al
SUI1I'\ONS
{ ~I NAMI 411 INtJlVIlJl/AI I (''''I'Atn '. i~Hh ;I;.\!:, 'fj t I, l... ,I H'jli I (lBIII 'iillll'lltlNOf P"Of'f Ill", Ifllll lllltl il AIIAI HI tlllll ',iH II
- fi CAR~7t~~i;~S.!I~~~I~\~OGA'I.~I~~'.1l1 N) lAy AI"" Iwp Statl. ,m" liP CII(J..)
1969 SE IB~RT AVENUE .SI:!I PPENSBURG. pA .17257
UNUSUAL SIHVICI- rJCOMM(IN'-H I'A! iOl"UTlll! IOTtlff.
19 ..~~.I SHEHlfT OF fRANKLIN COUNTY. PA, do h"'''bv d"r..lw'lh" 511""" 01
. m__~_. County to l'Xecute IhlS Wnt and mak(! return thereot according
to taw ThiS dHpulahon buultJ made al thp rt.-:>qlH'~t .1Ild risk of tht' plalflhff _.~ ~.._~_. ._.
96-S089 ...
" J YPt Of WUIT OH CnMPl AIN'
SERVE
..
8. sPECiAL ~c:lilOfllERiNfoRMAnoN THAT WIll AsSIST tN EXPEDITING SERVICE:
:..t'l.'.!!t!_,..'t_!I.,i.~~;.~:J
NOTE ONlY APPIIC"AI J:" ON WRIT OF EXECUTION NB WAIV(R Of WATCHMAN-An~ d..pul)' -.ht>ftfl ....y,.\l.J upon \If _tlt.tlhu~ .jlty 'JI'or,,"lv undt.,
..Ihm """I may "~.M' s.1fnp wIthout ,) ~,llf:"'",:lP ~., '_-V,l'H~~ .f 'L.h;!',,".'.' .~. f'r.md In p'J~.'if''$~Jnn. ;1114'" "ohf,II~J pprS-tJll Of "'\1, Of ~-ttt.Kh"lt"nt wlf~l.11f
kabthl't'.~l~hp~_.t~ such lh:'P:!11!!! t~ """1"" t" ".1. ;11,,' f.t., " ,.1 t . ",' ',"- "'Sh'K hOf'Of wmov:\lu' an)' <;,0< t'I!I.f\'l~ql)' !It''~l~t'':,~'!.'tt '" ...,tlt> tht'ft-of
lI. SIGNATURE of ATTOIlNEY m ,"ho" ORIGINATOR I'" 111 t I~KlNf NUMBI R 1'1 OAT!
_Cumberland Couoty Sheriff . I
12, SENIlNOllCE Of' SERVICE copy TO NAUE ANO AOORESS BELOW ITh........ _ be con1pI,'ed' nollCe..1o be m.oled'
_Cumber~~~Cou!'.tL~her i ff.~.~._r..~omas KIi ne..1 Courtho.u2.e Square. ..~ilrJ i.s 1~.PA-l]ll.J:L~~.
SMCE BELOW FOR USE OF SHERIFF ONlY - DO NOT WRm: BELOW THIS UHE
~nowk""" 0<"',"",. -. ,d ''''' .~.-.f" is. ~.~-' ....':A:.i,;';:;" rcSo.- '-i:)'-:(;~;f~'~!~f~{:h~;k.:t~;.J-l.;t~--I;~'ri'~t~ R;;'~;';;;:"..~-"l i'~~'f <<f"''''''...'''''lflflil.l {i. 1ft.
Ofc__.snlocal""olbl,y,,' f":L~' _\..::." :,,~ ,/- 9-20-26 10-14~9~
16 Itw~P.by CERTIfY andRElURN l'h,fT I ~ 1 "'"i"..t'~','.,.\ fl', ,>d,,_'J ; I,,,,. 1"+11 t....I.tt.nu.~ of '>f>JYIUP ,I!' -.huwn In Hl'flU'''S ~ lh,Wt. t'''t'Ctl1t-dii'i !Shown
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COfpo.-alton. t~tc ,d' th... addtl'~S IITspltt',1 tlt'k... t.y li.l'ld!l'l" . TRUE 11M ATTlSl(O COPY the~fI'of
11 Ulht~~'by t;f'1t~V ,lfll1wfu'H." ".'OT fOUND t,. t .j<l,".-l .\'" "" ,H.. I. ;".,1.. th.. ff;..h\lltf",li n,"".l<."I~. C\."PUt;i1l0n ..tr !\,Ifnt'iI ,lhuw' i5t"P tt'm;u"'" hto'Iu'Al-)
18 Name and htle 01 tndnndu..t St., wI1 ,.1 ""I """'ft" .11"'i"o" Il~ '. 1........-(' '." "..t.",.... "-I" ."" .1+,.. '. ..... "...,
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RICHARD A.BOTC;IIIt:-:GENERAL MANAGER
10 MJn..ss of wht.>fe !i.f!'fved tCllf'flJHPt.. ilnlt " ,~;lt"''''11 lL.I" ',". ",,' .,1.-, '0/"
Clly,801'O. twp SIN dud lrp Loth'!
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Same as number 6.
2HTTEIW1S] ;l~;]~~I o.te i
?4 A.:Jyant:~ Lost", 2~ ~'f~f{ ,. ( 0',.'
24.00
30 HI. MA/11<S
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SHERIFF'S DEPARTMENT
157 LINCOLN WAY EAST. CHAMBERSBURG, PENNSYLVANIA 17201 (717) 261,3877
SHERIFF SERVICE [INSTllUCTI.O~S~~~~~~~;O.-;:-;;ROCESS Ple... type Of pllnl
PROCESS RECEIPT. and AFFIDAVIT OF RETURN Io\llbly Do not detach any cop,es
lPl"imiff/s/m- .- --- il;olnl-i NiJMEl(fl--------
Ernest J. and Hedwig K, Souder
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______._____. 19_,1. SHERIFF OF FflANKlIN COUNTY,PA, do hereby depuhltl the Soolllf of
w..__ ______. __COUn"i to PJlecute this WItt and make return Ihmeol accordUlg
10 law This depulahon betng made HI lhe reQuest and fisk 01 H\(, pl.:unMt ..____~_.._.____...___..__~_'_~--~.--":"---.. ----.--~--.------
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a. SPEClAlINSTllUCl10lCS OR OTHER INfORMATION THAT WIlL ASSIST IN UPElIITlNG SEIMCE:
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NOTE OM.Y ""'-1iC&.- ~ C* WRIT 0* Ex.ECUT1ON~ N B WAIVER Of WATCHMAN-Any drc:Ju'" shL"1'd1Ievyu1Q upon Of aU;J(~tung any IlrOpt-ft.,. untt..,
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12, SEND NOnCE OF 5EIMCE copy TO NAIIE AND _SS IlllOW (lIMo _ _... .......ed. noIlCe..lo", m_t
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SHERIFF'S DEPARTMENT
157 LINCOLN WAY EAST. CHAMBERSBURG, PENNSYLVANIA 17201 (717) 261.3877
SHERIFF SERVICE [1~STIlUC;~S ;OR-~-~ICE or~;~c~~~ P1.~-~;;~p;';' print
PROCESS RECEIPT, and AFFIDAVIT OF RETURN IeQlbty 00 not detach any COl"'S
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Now,_____._.________ 19_.___,1. SHERIFF OF FRANKLIN COUNTY. PA, do lM"eby d<'llUhltl the !)hell" 01
_u ____ __..._."____~_,___ ,.____ County 10 execute thiS Wnt and make return thereof according
10 law ThiS depulahon bell'll made at the request and Itsk ot the plalll":t _, ._______.. ___._____ .,___ --.--..-..---
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II. SPfClAlINS11lUCT1OHS OR OTHER INfORMATION THAT WIll ASSIST IN EXPEOl11HG SEIMCE:
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II.SlGHllI\JIIEo'''' I_JIEY", I""'" ORlOlNATOR 'OIElH'IlONENlNBIR I'DATE
Cuaberl.nd County Sheriff
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POST & SCHELL, P.C.
BY: PAUL W. GREGO. ESQUIRE
1.0. # 3970 I
101 NORTH FRONT STREET
HARRISBURG. PA 17101
(717) 232.5931
FAX: (717) 232-9274
ERNEST J. SOUDER and HEDWING
K. SOUDER
ATTORNEYS FOR DEFENDANT
GABLER TRUCKING, INC,
COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYL VANIA
Plaintiff,
v.
NO. 96.5089 Civil Tenn
OSM CORPORATION, CRESSLER
TRUCKING, INC.. and GABLER
TRUCKING. INC.
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
Defendant.
RULE TO FILE A COMPLAINT
AND NOW, this 1..( 14Jay of A.HI C ,( ,1997, a RULE is hereby granted upon
Plaintiff to tile a Complaint herein within twenty (20) days after sef\'ice hereof or suffer the
entry of a Judgment of Non Pros
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IN THB COURT OF COMMON PLEAS
FOR CUMBBRLAND COUNTY, PENNSYLVANIA
BRNEST J. SOUDBR and
HBDMIO K. SOUDBR.
PLAINTIFFS
I CIVIL ACTION
I
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I NO. 96-5089 CIVIL TERM
I
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OSM CORPORATION. CRESSLBR
TRUCltINO. INC. and GABLBR
TRUCltIKO, INC..
DBFBNDANTS
COMPLAINT
THB PLAINTIFFS, ERNEST J. SOUDER and HEDWIG K. SOUDER. by their
attorney, Richard L, Webber. Jr.. file the following Complaint.
1. The Plaintiff are Ernest J. Souder and Hedwig K. Souder. adult
individuals residing at 870 Shippensburg Road, Newville, CUmberland
County, Pennsylvania,
2. The Defendant OSM Corporation is a New York corporation, with
registered office and mailing address at 217 Wayne Street, Olean,
New York. l4760-6607.
3. The Defendant Cressler Trucking, Inc., is a Pennsylvania
corporation, with registered office and mailing address at 1069
Seibert Avenue, Shippensburg, Pennsylvania.
4. The Defendant Gabler Trucking, Inc" is a Pennsylvania
corporation. with registered office and mailing address at lS80
Gabler Road, Chamberaburg. Pennsylvania,
5. On September 13. 1995. Plaintiff was employed as a Public Works
Rigger, by the Department of the Navy at the Navy Ships Parts
Control Center. Mechanicsburg. PA.
6, On that date, Plaintiff Smeat J. Souder was unloading Army
vehicular truck seats from a .closed. trailer van,
7. The aeats 1<<!re purchased by plaintiff' a employer fron: Defendant
OSM Corporation.
8. The seats were shipped from Defendant OSM Corporation's place
of business in Olean, New York.
9. The crates were packaged by Defendants and transported by
Defendants to Plaintiff's place of employment.
10. While attempting to unload the crates, a unit fell on
Plaintiff Ernest J. Souder.
11. As a result, Plaintiff sustained (a) a fracture/dislocation
of the right ankle with a comminuted distal tibia and a large
medical malleolus fracture and (b) a comminuted intra-articular
distal tibial shaft and fibular fracture of his left ankle.
12. Defendants transportation and packaging of the crates was
improper for the following reasons:
A. The crates should have been delivered on a flatbed
trailer rather than a "closed" trailer,
8. 1 1/4" banding should have been used instead of 3/4".
C. Full boarding should have been placed on top of the
units.
D. Two wraps of banding should have been along the entire
length of the units (belly wraps) .
E. Slots were not provided for all bands.
F. Headers were not provided on the skids.
13. At all times relevant hereto, Plaintiff Ernest J, Souder acted
with reasonable care and was not contributorily negligent.
COURT I
PLAINTIFF D.HUT J. SOOOD V. D8FamANTS
14. Paragraphs 1 through 13 above are incorporated by reference
herein as though set forth in full.
15. Plaintiff Ernest J. Souder was transported by ambulance to the
Holy Spirit Ho.pital. Camp Hill. PA. illllMdiately following the
incident.
16. As a result of the incident. Plaintiff sustained medical
expenses and wage losses, and will continue to incur future medical
expenses,
17. As a result of the accident. Plaintiff Ernest J. Souder
incurred injuries that caused hi~. and will continue to cause him
pain and suffering, mental anxiety, nervousness, embarrassment and
humiliation, all to his detriment and loss.
lB. Plaintiff Ernest J.
an interruption of his
permanent detriment
negligence.
19, Plaintiff Ernest J. Souder will continue to suffer Mental
anxiety, nervousness, embarrassment and humiliation as a result of
the accident.
Souder suffered and will continue to suffer
daily habits and pursuits to his great and
and loss, resulting from Defendant's
20. Plaintiffs injuries and losses were the direct and proximate
result of the negligence of the Defendants.
21. The amount claimed by Plaintiff Ernest J. Souder exceeds the
jurisdictional amount for compulsory arbitration.
1fItBRBFORB. Plaintiff Ernest J. Souder demands judgment against
Defendant in an amount in excess of $ 2S. 000 .00 . exclusive of
interest and costs.
COUNT II
PLAINTIFF HBDWIG It. SOtJDD V. DBFIDIDANTS
21. Plaintiff Hedwig K. Souder incorporates all of the proceeding
paragraphs of this Complaint as if each and every one were
individually set forth within this Count,
22. As a result of the accident, Plaintiff Hedwig K. Souder has
been deprived of the society, companionship, contributions, and
consortium of her husband, Plaintiff Ernest J. Souder, to her great
detriment and loss,
23, As a result of the accident. Plaintiff Hedwig It. Souder has
suffered a disruption in her daily habits and pursuits and a loss
of enjoyment of life.
24. The amount claimed by Plaintiff Hedwig K. Souder exceeds the
jurisdictional amount for compulsory arbitration.
....aro... Plaintiffs Ernest J. SOuder and Hedwig K. Souder
demand judgment against Defendants in an amount in excess of
$ 25.000.00, exclusive of interest and coats,
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belief u to the truth of the averments that the seats referenced in Plaintiff's Complaint
were the same seats purchased by the Department of Defense from Defendant, OSM
Corporation, and those allegations are therefore denied with specific proof thereof being
demanded at trial,
8. Admitted in part and denied in part, It is admitted that cenain vehicular truck
seats were shipped from Defendant, OSM Corporation's place of business in Olean, New
York. However, Defendant is without sufficient knowledge or information to form a
belief u to the truth of whether the seats referenced in Plaintit1's Complaint are the seats
that were shipped from Defendant, OSM Corporation's place of business in Olean, New
York and those a1Iegations are therefore deIIied with specific: proof thereof beina
cIemanded at trial,
9. Admitted in part and denied in part. It is admitted that Defendl"f. OSM
Corporation. pI("!<.geci certain vehicular truck seats 00 skids based upon orden and
instructions from the United Stites Department of Defense and punuant to . contract
betwCCII the Department of Defense and Defendant. OSM Corporation, It is denied that
any 'crates' were ptl't-.pd by Defendant, OSM Corporation, It is admitted to the bat of
Defendant OSM Corporation.. know1edp and belief that vebicular truck seat. p"'t-.pd
on skids were tranIpOrted by Defendant, CreuIer TnlCkina. IDC, and/or Defeotd"nt. Gabler
TnKl-il\l. lIIC.. to the Navy Sbipa Puts Control Center in Med\aniabura. PennIyIvulia.
Defendant. OSM Corpontion. is without tuftlOe,tt kDovf!edp or information to fonn .
belief u to the truth or the aPeptiQft that the "crates" rtfCf~lCed in Plaintift'. Complaint
wtR p.chlld by Defendant, OSM CorporatioA. or tranIpOrted by the 1.1IliIIinI
DeWa"'. u .."..t and apecifk prooflhenof'ia ....flded at trial
10. Denied, Defendant, OSM Corporation, is without sufficient knowledge or
information to form a belief u to the truth of the averments set forth in Paragraph 10. and
they are therefore denied. It is funbel' averred that Defendant. OSM Corporation, is not
aware of any "crates" that were plt'Jc.ged by Defendant, OSM Corporation, which were
transported to the Navy Ships Parts Control Center in Mechanicsburg, Pennsylvania.
11. Denied. Defendant. OSM Corporation, is without sufficient knowledge or
information to form a belief u to the truth of the a..aments set forth in Paragraph 11. and
they are therefore denied. Specific: proof of the alleged entries are demanded 11 trial.
12. Denied. It is denied that Defendant, OSM Corporation, pfehged any
"crates" or required to transponation ofany "crates" u alleged.
12A. Denied. It is denied that there were any "crates" transported by DeI'endIIIt,
OSM Corporation. or delivered to the Navy Ships Parts Control Center in Meclwnielblq.
In the event the PIaintift' is refenina to skids that were used to transport vehicular truck
IalS to the Nny Ships Parts Control CCIlter. it is averred that the United StaIa
DepanmCIlt of Defense would not permit the delivery oCthe skids in a "dosed" trailer, but
rather required that the skids be delivered 01\ a 8at bed trIiIer, In the event the Plaiatift'is
reftnina to skids that were used to transport vehicular truck .... to the N.vy ShipI Parts
Control CCIlter, it is avemd that Defendant OSM Corpontion QOGWOCI\y used doled
trailers or VIllI for tt'IIIIportina lad delivtriDt said skids h is lInher averred that
Col1owiaI the incidCIlt reftued to in PIaiatiftS' (1)"'I1I1'., when they ... III qwy to
haw occurred to PtIiatift" Ental J SOlider. the UNttd StaIa ~tl Int of Daft. n
notified Defendant OSM Corporation that they required or requested flat bed trailers to be
used for transponing such shipments. It is further averred that it is the practice of OSM
Corporation to make all such deliveries via "closed" trailer unless otherwise directed or
required by the purchaser.
128. Denied. Presuming Plaintiff is referencing the skids that were used to
transpon vehicular truck seats to the Navy Ships Parts Control Center by Defendant,
OSM Corporation. it is denied that 1 'I." banding should have been used instead of %'
banding. It is averred that the Defendant, OSM Corporation, complied with United Stites
Department of Defense specifications at all times when preparing the vehicular truck seats
on skids for plII~hgill8 and transponing,
12C. Denied. Presuming Plaintiff is referencins the skids that were used to
transport Yf'hit'..tar truck seats to the Navy Ships Pans Control Center by Defendant,
OSM Corporation, it is denied that full boarding should have been p1ac.ed on top of the
units. It is f\artber averred that the Defendant. OSM Corporation, complied with United
States Department of Defense specifications at all times when preparing the vehicular
truck seats on skids for p't'Ir~gi"i and transporting.
12D, Denied Presuming Plaintiff is referencins the skids that were used to
transport vtIHclllU' truck seats to the Navy Ships Parts Control CClller by DefendaN,
OSM CClI'pOI'Ition. it is denied that two wraps of bf"""'a should have been used aJona the
entire Jenath of the units (belly wraps), It is averred that the DcftDdInt. OSM
Corporation, <:oqllied with United States Departmenc or De&Ne speci~ at aD
times when PftplliIIa the veIIicu1ar truck seats on skids for ~.. and ~,
12E. Denied. Presuming Plaintiff is referencing the skids that were used to
transpon vehicular truck seats to the Navy Ships Parts Control Center by Defendant,
OSM Corporation. it is denied that slots were not provided for all bands, It is averred that
the Defendant, OSM Corporation. complied with United States Department of Defense
specifications at all times when preparing the vehicular truck seats on skids for packaging
and transporting.
12F. Denied. Presuming Plaintiffs are referencing the skids that were used to
transpon vehicular truck seats to the Navy Ships Parts Control Center by Defendant.
OSM Corporation, it is denied that headers were not provided on the skids if in fact
headers were required on the shipment that is the subject of this Complaint. It is further
averred that if headers were required by the United States Department of Defense
specifications then headers were in fact provided on the skids that are at issue in the
Complaint, It is further averred that at all times the Defendant OSM Corporation
complied with the United States Department of Defense specifUo.tionJ, It is further denied
that headers were required pursuant to the Department of Defense speci~tionJ. It is
further averred that at all times the Defendant, OSM Corporation. complied with United
States Department of Defense specifications,
13. Denied, plaintiff is without sufficient knowledge or information to form .
belief u to the truth of the neunents set for1h in Parqrapb 13. and they are therefore
denied with specific proof thereof being demanded at trial. It is further averred that if the
P\aintift' is Rf'ercncina the unloadina of skids containina vehicu1ar uudt seats that were
forwarded &om Defendant. OSM Corporation's place ofbusinesa in 0Iean. New York to
the Navy SJipa Parts Control Center in Mechanicsbwa. and if the P\aintift'is rd'ti~
19. Denied, Defendant. OSM Corporation, is without sufficient knowledge or
information to form I belief u to the truth of the Iverment. set forth in Paragraph 19 and
they are therefore denied with specific proofthereafbeing demanded It trial.
20. Denied, It i. denied that Defendant, OSM Corporation, wu negligent in any
manner whatsoever relative to the incident claimed by the Plaintiffs in their Complaint.
The IvermentS of Paragraph 20 are further denied in that Defendant is without sufficient
knowledge or information to form I belief u to the truth of the remaining averments and
they are therefore denied with specific proofthereafbeing demanded at trial.
21. Denied, In that it is denied that Plaintiffs are entitled to any compensation in
any manner whatsoever relative to the incident claimed in Plaintiffs' Complaint. It is
denied that the Plaintiff' Ernest J. Souder's claim Cllceeds the jurisdictional amount for
compu\Joly llbitration.
WHEREFORE, Defendant, OSM Corporation, request. your Honorable Court to
dismiss Plaintiff'Ernest J, Souder'. Complaint.
COJ.!lfi II
PLAIN11fl' qt:DWIG K. SOUDER Y. Dt:(ENDANlS
21, DefClldant, OSM Corporation'. answers to Parqrapb 1 tbrouah 20 let fOftb
above are incorporated herein by reference u if set forth in their IWI tCllt.
22. Denied Dd'mdant. OSM Corporation. is without suftkient k.now\edat or
information to form I belief u to the truth 0( the 1",,,-'1 set forth in ParaanPh 22 and
they are therelore denied with specific proof'thereof' bcini deNnded at trial.
23. Denied, Defendant. OSM Corporation, is without sufficient knowledge or
information to form a belief u to the truth of the averments IICt forth in Paragraph 23 and
they are therefore denied with specific: proofthereofbeing demanded II trial.
24. Denied. In that it is denied that Plaintiffs are entitled to any compensation
from Defendant OSM Corporation in any manner whatsoever relative to the incident
claimed in Plaintiffs' Complaint. It is clcnied that the P1ainti1F Hedwig K. Souder's claim
exceeds the jurisdictional amount for compulsory arbitration.
WHEREFORE, Defendant requests your Honorable Coon to dismiss Plaiqtjft't'.
Ernest J. Souder and Hedwig K. Souder. Complaint.
NEW MAlTER
25. At all times in the preparation ofwhicu1ar truck seatJ, pa'""~"1 ofv..ltitout.r
truck seats Oft sIdds. and the prv-oi"l of those seats for shipmc:at or transportatioa to
the Nny Ships Parts Control Center in Mechanic:sburg. PcmsyIvania. Defendant, OSM
Corporation. acted in compliance with all United Stiles Department of Ikf'tadoii
specificttioN and requirements.
26. In the event it is detenniIIed that the accideIIt refCla.c:ed in ptaintiffa'
Complaint oc:aJmd, then the cause or the ICcidcnI is the PIaiDtiff' Emat J. Souder's
neaJipnce or tiiIure to lIIC due and reuonabIe care and his sole or comributory
neglipnce wu the cause or the injuries referellced in ptalntiffa' Complaint.
27, It the eocKtcnt oc:cumd u let forth in PIaPltifti' ComplaiN. Itl"J ~ or
injuries rtcleO..td by eitber PIainIift' wen incumd u a ...... of die de or ClIIIlriIIutory
plW:'" "'t ofPlainlift'Emat J Souder.
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ERNEST J. SOUDER and
HEDWIG K. SOUDER,
Plaintiffs
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNIY, PENNSYLVANIA
: CIVIL ACTION. LAW
vs.
OSM CORPORATION, CRESSLER: NO. 96-5089 CIVIL TERM
TRUCKING, INC., and GABLER
TRUCKING, INC.,
Dcferwf.ntJ
I, Bradley L Griffie, Esquire. hereby c:ertif'y tbat I did, the 10th day of September,
1997, cause . c:cnificd copy of . NOTICE TO PLEAD and ANSWER OF
DEFENDANT, OSM CORPORATION WI1lI NEW MATTER to be served IIJlOII the
pt.ainttfrc Ernest J Souder and H-4...:ft K. ...-....- by . their att Ricbard L
.' ... ft oe O>UUUCI, servms orney,
Webber, Jr., Esquire. Dcfeudant, Cressler Trlt'ki,,& Inc., by serving their attorney, Philip
S. C~. Esquire and Def......t..nt. Gabler Trlt'ln,,& Ioc:., by serving their attorney,
Paul W. Grego, Esquire. It the folJowins addresses by first c:1ass mail, postage pre-paid.
Ricbard L Webber, Jr., Esquire
366 Green SpriDa Road
P.O. Box 40
NcwviI1e, PA In41
Philip S. C()VftliIl(), Esquire
330 Linc:oIa Way East
('hamlo.a sb.q. PA 1720 I
DATE; 9110r'97
Paul W. Greao. Esquire
Poll&: Scbd1, P.C.
10 I Nonh Front Street
HanUbura. PA mOl
~
(:. uU:L<~
100 Nonh Haal:Mr Street
Carti*. PA 1'1013
('717) 24).5!S1
(100) )47.5551
.
IRKIST J. SOUDIR and
HIDWIO K, SOUDIR,
PLAINTIrrS
, IN TRI COURT or COMMON PLBAB OF
, CUMBIRLAND COUNTY. PENNSYLVANIA
,
, CIVIL ACTION . LAN
,
,
, NO. 96-5089 CIVIL TIRM
,
,
,
OSN CORPORATION, CRISILIR
TRUCKINO, INC, and aAlLIR
TRUCKIHO, INC.,
DIrINDANTS
I'LAINTUo'....S R.:SI'ONSE TO NEW MA1.fER FILED BY
1U.:....:NlJAN'I' (.R.:SS....:R TRlICKING, INC.
TR. PLAINTI"S, SRNEs'r J. SOUDER and HBDWIG K. SOUDER. by their
""llln..v. RtC'lullcI I.. W..bber. Jr.. file the following Response:
2'i. No '''IIJI()IIBlI h ,equired.
26. lIKtllK1L Plllintlffs' dah, was filed in a timely manner.
n 2R 1l~lltll. At all t 1M" relevant hereto, Plaintiff Smest
J. !Ioud., ...,dsed 't!!llAonabl.. care IInd was not contributorily
illig II If""!. .
2' N>>lITrIU ill put and DENIRD in part. It is adalitted that the
negligence of "ntitiea/individuale other than Plaintiff Ernest J.
Souder CllllllfJd tht! incident and reault1ng injuries. The reuining
"V"",""tR A'. ,I.nled.
10. I)INIIP. for r..aons statfJd In 2' . 21 above.
33. Admitted.
34. Admitted.
35. Admitted.
36. Admitted.
37. Admitted.
38. Admitted.
39. Admitted.
40. Admitted.
41. Admitted in part and denied in part. It is admitted that the decisions reprdina
the preparation and/or p1thgi'18 of the vehicu1ar truck scats for sbippingltransport
were made by Defendant OSM Corporation, Plaintift's employer and/or other
entitiaIindivid. It denied, however, that Defeudant Cressler hid no control or right to
control lAy such parties u they viewed the vehicu1ar tlUCk seats in their pac:kaged or
crated capacity prior to transpotting them and thereby hid the ability to notice lAy
inoomct pK~'18 and comment thereon.
42. Admitted.
43. Admitted in part and denied in part. It Is admitted tbat DefeDdant OSM
Corpotation andIot other emitialiRdividus IoIded and/or otherwise directedlc:oauoDed
the IoIdill& of the vtbicu1ar truck seats for sbippingltransport to Pllintift's employer.
It Is_ed, however, that Defendant Cressler hid no control or riaht to control the
memer of IolIdiIlt in tbat DeCCIldut Cressler and its .... ~llIscd the ~.. of the
'. 1Iti-"'r truck seats IDlf hid MIl riaN to inwIvt Jhcmselves Of coo_ upon lAy
mr J ~..... or ~ltCl ~ w.en in ......... 'I the ~..... truck scats
44. Denied. Defendant is without sufficient knowledge or information to form a
belief u to the truth of the averments of Paragraph 44 and they are therefore denied with
strict proofthercofbeing demanded at trial.
45. Denied. Defendant OSM Corporation is without suffic:ient knowledge or
information to form a belief u to the truth of the averments set forth in Paragraph 45 and
they are therefore denied with specific: proofthereofbeing demanded 11 trial.
46. Denied. Defendant OSM Corporation is without sufficient knowledge or
information to form a belief u to the truth of the averments set forth in Paragraph 46 and
they are therefore denied with specific: proof thereof being demanded at trial.
47. Denied. It is denied that Defeudant Cressler provided the type of trailer
requested by Defeudant OSM Corporation u Defendant OSM Corporation made no IUCh
request. Defendant OSM Corporation is without suffic:ient knowledge or information to
fonn a beIicf u to the truth of the remainins 1\'d..-4S of Paragraph 47 relative to
Plaintift's employer's actions in this matter and they are therefore denied with specific
proof thereof being demanded 11 trial
41. Denied. It is denied that the incident in question and aD of the al1e&ed
rauItiJla injuria and damages were ..,,,tee! by the neaJigcoce of ent.itietfmdividuals over
whom Defendant Cressler had no control or ript to control
49. Parqraph 49 sets forth alepl conc:lusion to wbidllIO answer is required. or
lID IftIWV is de rme.! required after ralllftlblc in'>fll;,_ior\ The Defendant OSM
corporI1iolI t.c:b MIic:ieIlI ~Iedat or inIbnnatioIl to form a belief u to the trudI of'
the a..maD therein COIItained and thole ..... trill.. ...erOft denied with IpCti6c
proof'thereol.. .......W It trial
5. The Plaintiffs are suing for personal injuries sustained by Ernest J. Souder while he was
unloading Anny vehicular truck scats from a "closed" trailer van.
6. The Defendant. Gabler Trucking. Inc.. has no connection with the incident in question.
7. All parties orally agreed to dismiss Defendant. Gabler Trucking. Inc.. from this litigation by
stipulation.
8. The Defendants. OSM Corporation and Cressler Trucking. Inc.. signed the Stipulation
dismissing Defendant. Gabler Trucking. Inc.
9. The Plaintiffs. Ernest J. Souder and Uedwig K. Souder. have not signed the Stipulation
dismissing Defendant. Gabler Trucking. Inc.. despite Plaintiffs oral promises to sign the Stipulation.
10. The Defcndan,. Gabler Trucking. Inc.. has made reasonable and bona fide attempts to have
Plainti ffs sign the Stipulation before resoning to coun action.
WHEREFORE. Defendant. Gabler Trucking. Inc.. hereby requests ,his Honorable Coun to issue a Rule
to Show Cause why Defendant. Gabler Trucking. Inc., should 00' be dismissed as a party to this Ii,igation.
Respectfully submitted.
POST" SCIIEU.. P.CO
\
POST & SClIELL, I',e.
UY: PAUL W. GREGO, ESQUIRE
J.D. /I 39701
240 GRANDVIEW A VENUE
CAMP l1I1.L,PA 17011
(717)731-1970
FAX: (717) 731-1985
ERNEST J. SOUDER and IIEDWING K.
SOUDER
A TroRNEYS FOR DEFENDANT
GABLER TRUCKING, INC.
Plaintiff,
COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
r ,.r.. ,
- .,
NO. 96-5089 Civil Term'
. ,
CIVIL ACfION - LAW '.'
.' . .
JURY TRIAL DEMANDED .;. ..,:
v.
OSM CORPORATION, CRESSLER
TRUCKING, INC., and GABLER
TRUCKING,INC.
Defrndant.
CERI1ElCl\TE OF SERVICE
I, Rcbccca S. Rusbatch, an employee for the law linn Post & Schell, P.C., hereby state ,ha, a true and
com:ct ropy of the Coun's Order <bted l>ccember 4, 1998 was served upon all counsel of record by firs, class
United States mail, postage prepaid, addressed as follows, on the date set fonh below:
Richard L. Webber, Jr., Esquire
366 Green Spring Road
P.O. Box 40
N~'ille, PA 17241
Philip Samuel Cosentino, Esq.
DILORETO, COSENTINO & BOLINGER, P.c.
330 Lincoln Way East
P. O. Box 866
Chambersburg, P A 1720 I
Bradley L. Griffie, Esquire
GRIFFIE & ASSOCIATES
2t)(1 North lIano\"eJ' S,recl
Coulisle.I'A 170D
POST & SCIIELL, P.C.
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1 INDEX TO TESTIMONY
'") 2 DEPONENT EXAMINATION PAGE
3 Ernest J, Souder By Mr. Lang 3,68
4 By Mr. Griffie 54,18
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IWDEX TO EXHIBIT'
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14 NO, DESCRIPTION PAGE
15 1 Photocopy of four photographs 79
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Central Pennsylvanla Court ~eportin~ S.rvlce.
C111) 251-3651 or CIOO) 1'3-3651 or f.stfnqers'aol.com
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STIPULATION
It is hereby stipulated by and between the
respective parties that signing, sealing, certification
and filing are waived; and that all objections except
as to the form of the question are reserved until the
time of trial.
ERNEST J. SOUDER, called as a witness,
being duly sworn, was examined and testified as
follows:
MR. LANG: Before we begin the deposition,
on the record, I just want to indicate that at the
conclusion of today, I'm not going to end the
depositions. I'm merely going to adjourn the
depositions since I do not yet have the plaintiff's
Answers to my Interrogatories or the response for
Request for Production of Documents.
So once I receive that information, based
upon what's in there, there may be a necessity to
schedule a second deposition for follow-up questioning.
So 1 don't have the luxury of ending the depositions
today; I'm merely going to adjourn them.
If I forget, would you please just mar\ on
the transcript that the depositlon was adjourned at the
Central Pennsylvania Court ~epvrtln9 Services
(117) ;';~!-3657 or (80Gl l!63-H\~1 or hsttnqushol.com
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end of the day.
BY MR. LANG:
Q. Sir, my name is Tom Lang, and 1 represent
Cressler Trucking Company. My purpose here today is to
ask you some questions about what happened with you at
your job, with these truck seats that we're going to be
talking about today, about your medical condition,
those types of things.
If during the course of my questioning
there's anything you do not understand, please let me
know and 1 will rephrase the question for you. Okay?
A. Okay, sir.
Q. If there's a question you don't hear or part
of a question you don't hear, please let me know that
also and I'll repeat the question. Sometimes my voice
may trail off at the end and 1 want to make sure you
heard the entire question. Okay?
A. Right, sir.
Q. Those guidelines are important. Mr. Souder,
because if you go ahead and answer a question, we are
going to assume that you fully heard the question. you
fully understand lt and then you're answering it the
way y~u would like. All rt4ht?
1\. All riqht.
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Y0u've g0t th@ m~5t impQrt~nt qU1Jeline down
,'t:Hlt t,11 rt:"'r:ns\,:\,,~r;l.:\ '.:'...\at F;';.r'.~tt j.t:.'~ 3er\'1':;:t"S
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pretty good already, which is you have to answer
verbally. The court reporter, as you can see, is
taking down everything that we say here today. And
it's hard for her to write down or take down a nod of
the head or a shake of the head or a shrug of a
shoulder. Okay?
A. Yes, sir.
Q. So you do have to answer verbally like
you've been doing, and that's usually the toughest
guideline for most people to follow.
Why don't we get started by asking you to
state your full name and your address for the record.
A. My name is Ernest J. Souder. That's spelled
E-r-n-e-s-t. S-o-u-d-e-r is the last name. 870
Shippensburg Road, Newville, Pennsylvania, 17241.
Q. And what is your date of birth and your
current age?
A. 26 December, '46; currently 52.
Q. And are you marrled, Mr. Souder?
A. 'tes, sir.
Q. And your wife's name is?
A. Hedwig, H-e-d-w-~-g, K.
Q. And I assume that she was your wife at the
t~me of the accident~
A. If'S, 5 Lt.
~="\nt [~il r'~r:nsylv.ir~l-i ;:~,"urt Pt'r.,,:<ttlnq ;.~"'lvl,'"'e:;
. l (- ~ - ',~ r,' 't ( ~,',~, ~ '1 - 1 t,; l',' ;.\ 1 : _1"'. t ~' 1 !.. l"" ;~l, II .; I':"'",
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Q. And do you and your wife have any children?
A. Yes, sir.
Q. And how many children?
A. She has two to a prior marriage, and we have
two of our own.
Q. Could you please give us the names and ages
of all the children?
A. Harvey Ray Richardson is 33.
MRS. SOUDER: No; 43.
THE DEPONENT: 43, yeah.
BY MR. LANG:
Q. Let me stop you there and give you one more
guideline. For the record, Mrs. Souder is also in the
room, which, of course, she is permitted to be. And
I'm going to be taking her deposition later.
And I know it's tempting to help each other
out in your depositions, but all I want to know is your
best recollection, your best memory as you can give us
here today.
If there's things you can't remember, please
just let me know that. I don't want you to guess or
speculate about anythIng.
r'm sure when 1 take your
wlfe'~ deposlllon, if there's anything we need to qet
filled in of ohanged. we oan d0 that jUfln~ your WIfe's
d.positlon. Ok4Y?
:~(~n.t r.ll 1'~!1!",,<;ylv.\nl.4 c(~ .t! F(!lr'\.."t~ \n") ~;t"rVl',:''t'~
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A. Okay.
Q. Please continue.
A. And Ellen Lou Engle, and she's 42. And then
Henry J. Souder is 24, and Wayne L. Souder is 23.
Q. Were any of those children living with you
and your wife at the time of the accident?
A. The two boys were, Henry and Wayne.
Q. How about the other two children, where were
they living?
A. Harvey lives in Missouri, and Ellen was
living in Big Spring Terrace at the time. That's also
in Newville.
Q. I assume you didn't have regular contact
with Harvey after your accident. Is that correct?
A. No, sir, other than on the telephone
occasionally.
Q. How about Ellen, did you regularly see her
after?
A. She comes up occasionally; not a great deal,
but occasionally.
Q. But there was some contact with her after
the accident?
A. Yes, sir.
Q. 51r, how far did you go 1n school?
A. 12th qud\!'.
C~ntrdl renn5ylvdnl~ (~~rt Fpr~;tt~~q S~rV1C@~
t:l '} "~t_,':;_lf~;:' ;,11 (~ ~-:l .~f 1_ ~,.:,," 't f.-l~~ [r._J,lr~\i.i<'l.l~i.~l'tI
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Q. And which school was that?
A. Big Spring School District.
Q. And what year did you graduate?
A. '64.
Q. Af te r you graduated from high school, did
you go on to any further formal education?
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I went to Thompson Institute here in
8 Harrisburg for eight weeks. And then I later went in
9 the Army.
10
Q.
When you went to Thompson Institute in
11 Harrisburg, what course did you take?
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13 machines.
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A.
Data processing, learned how to run the
Q.
And at the conclusion of eight weeks, did
15 you receive some sort of certificate?
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A.
Yes, sir.
Q.
And was that a certificate indicating that
18 you completed an eight-week course in data processing?
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A.
Yes, sir.
Q.
And was that immediately upon graduation
21 from high school that you did that?
,~
4.
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About a month, wIthin tW0 months.
Q.
Were you employed at all ar tne sam. time?
A.
I had a Job at a grocery stare In the
2~ meantime. but nQ Plqt\t-t10t~r-d-day Job.
l,~~nt t<\l P~nn~i':\'.-'i.1_1
~_~r!. F~r;""rt~til :';~r\'l.,,~P'5
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machinery, oversized steel, vehicles; load them on and
off trucks. And I was -- as a helper, I ran forklift
and went and got the material needed to do the job and
helped to do the job.
Q. Do I assume that any training you received
as a rigger worker you received on the job through the
Department of Defense?
A. Yes, sir.
Q. Was there a particular person who provided
you with that training?
A. I wasn't in the same crew all the time.
There was eight crews. Basically I was in a crew with
Ambrose Duncan. He's deceased now.
Q. Is it your recollection that Mr. Duncan
provided you with most of your training on how to be a
rigger worker?
A. He provided a lot as far as out in the
warehouse. But I went into the machine shop as a
helper, and then Floyd Homan was the rigger in there,
and he taught me the finer pOlnts of the rigging.
Q. Is Floyd stlll alive?
A. As far as I know, yes.
Q. Do you havp any Idea where he is today?
A. No, Slr, I den't. I dcn't even know where
h~ llved when I work~d wlth hi~.
C~ntrAl r~nn~ylv~f~lA C'~t~rt Rel~0ttln1 5@rvi~p$
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Q.
Do I understand that to be a rigger worker
2
that did not require you to take any formal training
3 course to do that?
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No, sir, other than operating a forklift.
A.
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So you basically learned by doing. Would
Q.
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that be correct?
A. Yes, sir.
Q. And you were assigned to be part of a crew?
A. Yes, sir.
Q. And you would rotate among different crews?
A. Yes, sir.
Q. And they would graduall y work you into doing
more and more things as a rigger worker?
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Usually after you learn how to be a rigger
A.
15 worker, you can train to be a crane operator or a
16 rigger, itself.
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Q.
Okay.
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I chose not to be a crane operator. I went
A.
19 strictly as a rigger.
20
How long did you remain in the position as a
Q.
21 rigger worker?
22
A.
Six years.
23
Q.
Old you have a supervisor at that time?
i~
A.
y",s. Sir.
~;
WhQ Wd$ that?
Q.
C@~;ttal ren~~)'lv~!it~ ~\'~~r! Fer'0Itlr~ !~tVl~~~
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A. Woodrow Wiest, W-i-e-s-t.
Q. Do you know if Mr. Wiest is still alive?
A. Yes, sir.
Q. Do you know where he is?
A. Halifax, Pennsylvania.
Q. If my math is correct, that gets us up to
about 1980, '81?
A. 1980, sir.
Q. What happened in 1980?
A. That's when I made rigger.
Q. So up until that point, were you considered
an apprentice or a trainee or a laborer, something like
that?
A. I guess you could say basically a laborer.
Q. So there is a distinction between a rigger
worker and a rigger?
A. Yes, sir.
Q. What is the distinction?
A. The rigger is in charge ot the crew and
getting the job done. whatever, whatever it is.
Q. And how long d.d yeu remaln as a rigger?
A. I still am.
Q. Who was your SUplHvlsor .n Sept elllbe r of '94?
A. In '94. 1t was Mlchael ~4i!ed.
Q. Is that ll-e-e--j?
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A. Right, sir.
Q. And do you know where Mr. Reed is today?
A. He's still my foreman.
Q. Do you recall what your rate of pay was in
1994 approximately?
A. 15 something an hour.
Q. And was there a particular shift that you
worked?
A. First shift.
Q. What were those hours?
A. 7 to 3:30, and that's still.
Q. And were you responsible for a crew of
people in September of '94?
A. Yes, sir.
Q. Give me the names of the people in your
crew?
A. George Hoover, crane operator; Dwayne
Bender, rigger worker, and Larry Sherriff,
S-h-e-r-r-i-f-f, also a rigger worker.
Q. And then you were the foreman of that crew?
A. Yes, sir.
Q. Now, when you first startei to tell me about
your employment In 1974, you Indicated that the name
"'<15 the Dep,ntment of \)""tensl'?
1\. 'i..~, Slt.
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Q. Mechanicsburg. Did that name change over
the years?
A. That name has changed, but we have also
changed -- our rigging organization went from DDM to
DIPEC, which is the machine shop; and then we went into
the Navy side, which that has been twice now changed
names; well, three times.
Q. Now, you threw out some things there,
acronyms that you guys are used to using that I have to
ask you about. What about DDM?
A. DOH is Department of Defense, Mechanicsburg.
DIPEC is -- now it's called DSCR, Defense Supply
Center, Richmond. And the Navy now, I'm currently
under Public Works Center, Mechanicsburg, which is
under Norfolk Public Works Center.
Q. Norfolk Public Works Center?
A. Yes, sir.
Q. How about in September of 1994, what was it
called?
A. '94 I was under ShlpS Parts Control Center,
WhlCh w.n Navy.
Q. Is lt yeur understanding, though, that from
19'4 thrcuqh th~ present tl~e, your employer h.s been
th~ federal government?
A. \'t.~, .Sll.
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plaintiff's place of employment.
First of all, let me ask you, could you
describe for me the crates that are referred to in that
paragraph?
A. What it was was a skid made out of two
two-by-four runners and two two-by-fours across the
ends. They had the racks stacked on them and then
banding put around to hold them together.
Q. What were the racks?
A. They were the sides that you put on deuce
and a half and five-ton cargo trucks. They have legs
that fit down in pockets, and then part of the side
folds down that you can sit on to transport troops, or
you put them up to transport material.
Q. Is it like a bench seat?
A. Yes, sir.
Q. And it would fit in an open bed of a truck?
A. It fits in the side pockets along the side
of the bed. Like a regular pickup has the pockets,
that's the way these -- they tlt right in the pockets.
.
And then they just fold down to Sit on or put them up
to --
Q. So It we think, just for the sake of OUt
dISCUSSIon. of a reqular pIckup tru,k, these types of
i~en,.:h. se.ats. in @!s~n;:e.. w0uLi be ;;';.n thf,1 sidps of the
C~r.1; t.\l i't)f';n~,;dv.;ni.:1 C~),drt 'F-t:'r,':tt it;.} ~;f;'r\"l"...tl'3
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bed of a pickup truck?
A. Yes, sir.
Q. But, of course, the Army trucks that used
these were much bigger vehicles?
A. They're bigger, right.
Q. If you don't mind, for the duration of your
deposition, at least in my questioning, I'm just going
to refer to them as truck seats.
A. Okay, sir.
Q. So that we have the same understanding.
In that paragraph 9 of the complaint, it
states that the crates were packaged by defendants.
And as indicated earlier, one of the defendants is
listed as Cressler Trucking, Inc., my client.
Do you have any information, as you sit here
today, that Cressler Trucking or any of their employees
played any part in packaging the crates?
A. No, Sir, 1 don't.
Q. In paragraph 12 of the complaint, it alleges
that the defendants' transportation and packaging of
the crates was improper. And it 115ts several reasons
alleqedly why It w~s Improper, and In l~(a) contends
that th~ crat.5 should have been d.llvered on a flatbed
~t'.\ll~t r',t.T.h~1 th-;H~ ,,1 ('It:5If-d tla~~er'~
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allegedly should have been placed on top of the units.
What do you mean by full boarding?
A. What they mean there is basically the same
thing that's on the bottom of it so that once you have
it banded, you can put another one on top and not be
shaky. With the boarding, it gives it a flat surface
to stack on.
Q. So is the idea, then, in your mind, if
you've got the boarding on the bottom and on the top
with the banding, you, in essence, have an enclosed
crate?
A. Not completely, sir, but it's more stable
with that type of material by having the top and the
bottom wood.
Q. There still wouldn't be side boarding?
A. No, sir.
Q. 12(d) alleges that two -- let me back up a
second and ask you the question I want to ask on 12(c).
Do you know whether Cressler played any role
in deciding whether or not full boarding should have
been used?
A. No, sir, I don't.
Q. !-loving new to 12 (d), It alleges that two
WI ap~ of b,lnding stl:::uld h.we been alon9 the enr l re
l€"Iiqth ;.Jf the units, an,j 1:". parentheses, it refels to
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them as belly wraps.
A. Yes, sir.
Q. What exactly are belly wraps?
A. It goes completely around everything. And
the ones that they're referring to go from one end
underneath around over the top and clamp together.
Q. Do I understand that the banding that was on
these particular units did not go all the way around?
A. They did. To my recollection, there was
length wise ones on, but not enough.
Q. So you believe there should have been more
banding?
A. Yes, sir.
Q. All right. Again, do you have any
information or facts that Cressler played any role in
deciding upon the amount of banding that should be
used?
A. No, sir, I don't.
Q. 12(el alleges that slots were not provided
for all bands. What do you mean when you refer to
slots?
A. I t they n when tt,ey make a skid, if they
hAve -- on the wooden runners underneath, they cut
11ttlt? slets t',} [\in tLe t",.!t.<1uy,:t~ thr;.'u;"lh, 1:5 what they
,~.\ll l'y ~lots tor th~ t'")r~,hn'~, An-:t trj~fl thoe.,' put flc!Qt
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on that skid.
Q. Is it your recollection that the bands that
were on the units, each band did not have a slot to run
through?
A. I don't think they did, sir.
Q. And, again, do you have any information or
facts that Cressler played any role in deciding how
many slots were provided for the banding?
A. No, sir, I don't.
Q. Finally, 12(f) refers to headers allegedly
not being provided for the skids. And what are
headers?
A. Headers are the boards that go across the
end to keep the runners from shifting.
Q. And, again, do you have any information or
facts tending to indicate that Cressler played any role
in deciding whether or not headers were going to be
used?
A. No, sir. I don't.
Q. While I'm on your complaint here and have it
opened, let me just run through some more questions I
have. They might be a little bit out of order in my
questaoning, but: maght as well run through it now.
As you Sit here teday, do you know the total
amcunt of YQur medl~al expenses ancurred as d result af
~.ntr.t F.~n!ylv.nl. Court F.pdrtln~ SerVI~el
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the injuries that you suffered in the accident we're
talking about?
A. No, sir, I don't.
Q. I'm going to ask your attorney that that be
provided as soon as possible 50 we have an idea of the
total amount of medical expenses.
Let me ask you the same question about your
wage 1055. First of all, do you know whether you did
suffer any wage 1055 as a result of the accident?
A. Workmen's Comp paid me while I was off.
With their deduction for no taxes, it was a very
minimal 1055, if any.
Q. How long were you off of work?
A. SlX and a half months. Then I went half
days.
Q. Do you recall the day you first returned to
work, what date that was?
A. Somewhere around the 29th of May, 1975.
Q. '951
A. . 95, ~'eah.
Q. So the end of May of '957
A. Yes, 51 r.
Q. And when you went b~ck at the end of May,
you first started back at half days?
A. Yfl3, ~t. r.
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Q. Did you start back still as the rigger?
A. No. I was on light-dut y.
Q. What were you doing on light-duty?
A. Splicing cables. Occasionally I'd go run
errands that I was able to do with crutches; I was on
crutches at the time, and drove taxi a couple of days.
Q. Did you gradually work back into your
position as a rigger?
A. Yes, sir.
Q. When was it that you returned full time as a
rigger to your normal job?
A. Two weeks less than one year.
Q. From the date of the accident?
A. Yes, sir.
Q. So if the accident happened 9/13/94, it was
basically the beginning of September '95 that you were
back full time as a rigger?
A. No. That would have been -- yes, . 95.
Q. And has your employment been uninterrupted
Slnce that date until the present?
A. 1 had both ankles, I had the hardware taken
out at different times. And I was eff for just a
~0upl~ weeks e~~h tlme.
1 d.Jn't tememl'er exact ly how
m;Jch.
Q. D~' I und~rstand that th~ hardware was tak~n
.,'~. n t l' .,11 i "2 ~'. :", s )' ~ \: .\ ,-, 1 ,j _co. 1 t t F o!> r '_' r t ~ r; '1 :~... f V 1 ('.p S
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out sometime after September of '95?
A. Yes, sir.
Q. Do you recall when the first procedure was
performed?
A. I think it was January of '96.
Q. And you would have been out a few weeks
after that?
A. I was, like, two weeks off.
Q. And when you went back after that, did you
go back as a rigger?
A.
Q.
A.
Q.
weeks?
A.
Q.
A.
Q.
Yes, sir.
And when was the second one done?
I think it was March of '96; March or April.
And, again, were you off for about two
Yes, Sir.
And did you return as a rigger?
Yes, sir.
Other than those two periods that you just
described for us, were there any other pertods fro~
September of '95 until the present that you were off
for any medical reason related to the accident?
A.. NOt Sll'.
Q. Has any d0ctor told you that YDu're qOlng to
require future ~~ctlc~1 c~re:
:: t.' r, ~ I' 1 r ~l ~ ~., ~: )' ~ ': :1 ~'; 1 _1 :.' :-~ ;J t ~ F ~~ r,-; r t 1. n-J :'~ Ii') f V i fl ""
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A. Whenever it first happened, my doctor told
me that it's possible because at that time, nobody
knew.
Q. How about since you've had the hardware
taken out, has any doctor told you that they believe
you're going to require further surgery, further
physical therapy, anything like that?
A. No, sir.
Q. Let me turn your attention now to the date
of the accident. Do you recall what day of the week it
was?
A. Tuesday.
Q. And approxlmately what time of day was it
that you and your crew were attempting to unload the
truck?
A. Approximately 1:4~ in the afternoon.
Q. Was this the first delivery of truck seats
that you got that day on a Cressler truck?
A. To my knowledge, that was the only one that
day.
Q. Had you ever been involved in unloading the
same type of truck seats prior to this day?
A. y~~. 51f.
C. 0n thc~p ~)~C~Sl(~ns. had any 0t thQ5e truck
s~at$ t~~n Jellverert lfl ~ Ctesslec truck, to your
','p,"~,;~r..,l r"r,n~'i:\'-'1~';'I-,l (,"'cllt F"~r-.-'fTlnq ~i?r'v".c~':i;
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knowledge?
A. r can't remember, sir.
Q. Prior to the day of the accident when truck
seats were delivered, were they ever delivered on a
boxed van or a closed van?
A. Most of the time.
Q. Had you ever unloaded the type of seats
prior to the date of the accident off of a flatbed
trailer?
A. Yes, sir, they had.
Q. So there were occasions that flatbeds were
used?
A. There were occasions, yes, s~r.
Q. But your recollection is most of the times
they were delivered in boxed vans?
A. Yes, sir.
Q. Where were the truck seats beinq unloaded
from on the date of the accident?
A. You mean the building, s~r?
Q. Yes.
A. 3uildlnq 201.
Q. And where is that located?
A. that's along the west perimeter of the NlIvy
base.
Q. And that's In MechanIC$burq?
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28
1 Charles Garmen, was there anyone else present when you
", 2 began unloading the truck seats?
3 A. No, sir, other than the driver who was
4 there. But he was in his truck; he wasn't helping us.
5 Q. He was in the cab of the truck?
6 A. As far as I can recall, yes, sir.
7 Q. Do you know who that was?
8 A. No, sir.
9 Q. Did you ever speak with the driver at all?
10 A. No, other than whenever he came, I said
11 something to him about what he had and we opened the
12 doors and that was it.
13 Q. When you spoke with the Cressler driver, was
14 he still inside the cab and you were outside talking to
15 him through his window, or did he actually get out of
16 the cab, if you recall ?
17 A. I kind of recall he come back and opened the
18 doors and I said something to him. and then he went off
19 and left us do our work.
20 Q. And your recollection is from that point
n once the doors were opened and you began the actual
""\., unlo.ading process that the Cressler driver played no
..
;. } Ivie whatsoever 111 ,n tempt Ifl',! to unlo4d thO!! tI uck
,. stlats'?
'<' A. No, !titl.
- .'
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Q. That is correct?
A. That is correct; he didn't help at all.
Q. Where physica 11 y were you attempting to
unload the truck seats? Was it onto a loading dock,
out in the middle of a parking lot?
A. In the middle of the street.
Q. I assume that's a street that runs through
the Navy base?
A. Yes, sir.
Q. Without regard to what actually happened
when you were trying to unload the truck seats, explain
for us what the plan was.
A. Well, the very ones on the back, you can
take a forklift and pick them out. The farther up in
you go, you have to drag them to the back of the
trailer to get them. Because of the length of them, we
had to use our big forklift; we couldn't back up to a
dock and use a small forklift that goes right into the
trailer.
Q. So my understanding was the plan was to
remove the ones on the very rear of the trailer by
forklift?
A. Yes, Slf.
g. Now, haw were the unlt~ situated in the rear
af the traIler? Was there on@ unit an e.ch side? Four
t~nttAl r~nn~ylv.nld (L'urt Rerortln~ S.rV1CP~
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30
1 units on each side? Two units?
')
2
A.
They were stacked two high the whole way
3 through the trailer, and there was, I think, three wide
4 in the trailer. So that would be three wide, two high
5 the whole way through the trailer.
6
Q.
So when you opened the back doors and you're
7 looking at them, you can see six units in front of you?
8
A.
Yes, sir.
9
Q.
So you then take the forklift and take one
10 of the ones off the top?
15
A. No, sir. We go underneath two of them.
Q. So you take two at a time?
A. Two at a time, yes, sir.
Q. Why is that?
A. Because of the way they sat on top of each
11
12
13
14
16 other, it was easier to go underneath than to pick up
17 the top and possibly break bands to put blocking under
18 so that you can get under the top one. They were
19 designed to be picked from the sIde, not from the end.
20
Q.
What do you mean by that?
21
A.
The skids had pockets 1n the side for a
22 forkl1ft to come In and pick it up from the sIde.
23
Q.
So when you leoked at them from the rear,
24 there were not pockets In the bottom boarding that a
:5 forkltft W~5 ~bl. tc q~t \lnjet~
tA!"'''t,1~ Ft"r'.~\'9'il\-,'~'l,t ~jrt fifl'}' f!"lf>l ~:..qV~","~-':
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31
1 A. The only thing, si r, you had the runners and
') 2 would in between them.
your forklift go
3 Q. Okay. So do I understand that it was
4 possible that if you wanted to, you could have got a
5 forkl ift in through one of the top units, 1 if ted it and
6 taken that out?
7 A. Yes, sir.
e Q. And then you could have got the one on the
9 bottom out?
10 A. Yes, sir.
11 Q. And you could have done that for all six in
12 the back?
13 A. Yes, sir.
14 Q. And then the idea was the next six that you
15 can see inside the trailer, you've got to 'let them to
16 the rear of the trader?
17 A. We have to hook cable to it with hooks and
18 drag it to the rear of the trailer.
19 Q. And the idea is to 'let them to the rear of
" the trailer, then use the forkl1ft again like you did
4.V
" with the initial six'!
4 L
.. A. Yes, 511".
.. ....
:J Q. !:xpl.un for U5 th~ cable procedu,e.
24 A. We have .!te~l cabl.. di fferent len'lth!ll we
..' ~~ put a llh.\ck un the h:.:~',} tc. en the Qn~ etHi to h('lCk onto the
,-
,'",nt tAl r""'nt'<lyl\'~\i~Li <>~';jtt Fto:~F,\J t lr:'~,Ji;~IV\',::'es.
4 -'1 /~-~.~ ~{-:;'. ~ 't I~";.'\ ~t, 1.- \f-~.,' -1 f.\~~ f~',q~t~it.l;:;l... 't".
32
1 skid, and the other end hooks onto the forklift. And
"'
2 he just backs up and drags it to the back of the
3 trailer. Then they unhook it from the skid and throw
4 it back up in the trailer for the next one.
5 Q. SO is the cable hooked to the bottom unit ?
6 A. Most of the time it is on the skid, itself .
7 If they're wedged together and it pulls the skid apart,
8 then we have to physically fasten onto the seats,
9 themselves.
10 Q. But the intended plan is to try to drag two
11 units to the rear?
12 A. Yes, sir.
13 Q. Get them off?
14 A. Yes, sir.
15 Q. And then put your cable back in, drag two
16 more units to the rear and get them off?
17 A. Yes, sir.
16 Q. And 50 on and so forth until you get the
19 whole truck ur.10aded?
20 A. Yes, sir.
21 Q. But I understand that sometimes that doesn't
" work out the way as planned?
..
~J A. No, Sir, it didntt.
H Q. How I!\any unlts - . and I 'Ill referring to six
:~ unlts -as you open tr.e b..tck dv(ir and look at them. How
.-F
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33
many units were removed from the trailer before the
accident happened?
Did you get the first six off?
A. The first six were off. I'm trying to think
whether it was the second or third row. It was the
second row. The first six were off.
Q. So you got the first six off, and then you
started the cable procedure?
A. Yes, sir.
Q. Who was running the forklift?
A. Dwayne Bender.
Q. Why don't you walk through for me the
different members of your crew and what they were
doing.
A. Okay. George Hoover was spotting him
whenever he set the skids down on the ground.
Q. He was spotting the forklift driver?
A. Yes, sir. And Larry Sherriff was unhooking
the hook and throwing it back up in the trailer to me.
And I was doing the hooking in the trailer.
Q. What did that physically require you to do
when you used the hook tor the cable the t1rst tlme?
What did you do with .t?
A. On, you mean to hook it onto the skid?
O. You're inside the traller and someone qlves
C~ntfdl Fenn~ylv~nlA ~~0Utt ~~rDrtln~ S~tVl~~S
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34
you the cable. What do you do with it?
A. I walk up to the skid and hook it on and
have the forklift start backing up to tighten the cable
up. And then once it started tightening up, I got out
of the way until he got it pulled back.
Q. What part of the skid do you hook the cable
to?
A. 1 hooked it onto the skid, the wooden part,
itself, with trying not to go on the seats because
sometimes if they're jammed, you can damage the seats.
So we try the wood first.
Q. Would it be in the same opening where the
forklift goes underneath?
A. Yes, sir.
Q. You go in there with a hook and hook it onto
that same first piece of wood that you can see?
A. Yes, sir.
Q. And then the cable, the slack 1S taken out?
A. Yes, sir.
Q. And the forklift gradually pulls the units
back?
A. Pulls It to the back.
.: "
Old yuu successfully ~cmplete that at le~st
Q.
:4 cne time tefor~ tt\e aC~ldent h.r~'ened?
n. Yes. 51 t. 'iT,it t U'!i~, _~ r;.a.~j~~...?roplet~ly
.... ~ ~\! ! ,t t r ,.' ~-,' ...: y ; '-'., L ~ ,; ~. t t F i-> It! ~ L 1 ~~, t:~ I V ~ ':" tl;, $
"'\ ,'~"~_:":t:;"~ j': ....1_1..", ri"'.rr.'lf't~(~i\,'l.~'.,!"!
3~
1 pulled that one back.
"
2 Q. SO you at least had one section of two units
3 completely pulled to the rear?
4 A. Yes, sir.
~ Q. And then the forkl ift unloaded those two?
6 A. He was in the process whenever this one fell
7 off.
8 Q. SO when the accident happened, it was the
9 first set of two units that you had been using the
10 cable procedure with?
11 A. Yes, sir.
12 Q. How far back in the trailer had they been
13 pulled with the cable before one of them fell?
14 A. They were pulled all the way to the rear,
l~ which was probably 16 feet, 18 feet, something like
16 that.
17 Q. Was the cable unhooked already?
18 A. Yes, sir.
19 Q. SO that now ~'ou' ve got two units sitting in
20 the back, the very edge back of the trailer?
21 A. Yes, sit.
''''-''', Q. And the fcrkltft 15 C:t~m.l ng 1n to '1'0
~~
~] ur,d",rneath those two llOits?
~'4 A. Yes, Slr.
, ~, O~ And the intent.1G-n is ht-;.'s q~~ 1 nq to pick thelll
.. ..t
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37
Q. -- are they pretty much in the center rear?
A. No, sir. They were off on the right-hand
side.
Q. So that then, again, as I'm looking at the
rear of the trailer, you were off to the left-hand
side?
A. Yes, sir.
Q. And do I take it that the top unit fell from
the right to the left?
A. Yes, sir.
Q. And walk me through what happened from that
point.
A. Well, as I was picking up the cable, I had
started to stand up and I saw it coming, and I tried to
brace myself, you know, put my hands up to brace myself
so that maybe keep it away from me. I think that's the
only thing that saved my life.
Q. At the point when you saw the unit coming
down and you put your hands up, was your back to the
side wall of the trailer?
A. I was pretty much with my right to the side
of the trailer and In the process of turning. t had
walked back, picked It up and was Just standlng up and
turning at the same time, but my lower half was
sUII...
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38
1
Let me see if I can explain it this way.
Q.
2
You're inside, physically inside the trailer?
3
Yes, sir.
A.
4
Q.
And you're walking as though you're going to
5 walk out the trailer, in that direction?
6
That was the way I was facing, right, sir.
A.
7
Q.
And as you're walking as though you're
8 heading out, you reach down and you grab the cable?
9
A.
Yes, sir.
Q.
And that's laying right alongside of where
14
these two units are stacked?
A. It was on the left half of the trailer.
Q. As you're looking in from the rear?
A. Yes, sir.
Q. So you reach down and you grab the cable?
A. Yes, sir.
Q. And you begin to turn to your right which
would be the
15
16
17
18
19
A.
I began to turn to my left.
20
Q.
Towards the unit?
21
11.
As r steod up, r started turning to the left
"
~~
to walk b~ck in the truck.
23
Q.
11~ you're turning to th~ left, you would
:4 have been turnlnq In the direction Df the unit'?
:.:...
A.
Tew4rd Lt. Tt;rn1nu t~cln~~ It. y~s.
,_: ~{'!"',. t.1 1 r~~.: ~c, '~\' .. \' ,'\ f', ~'\
ir! F*:'~' !t~r~-l :.:~t<~lV;-,"~f$
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41
1 A. I hollered out and told them to get this
"") 2 of And the that the
thing off me. they removed one
3 forklift still had. Then three guys came in the
4 trailer and physically moved the one end away from me
5 and I told one of the guys to get ahold of my feet.
6 And I got down on my hands and knees and backed in the
7 trailer and laid down and waited on help.
S Q. And did someone call for an ambulance?
9 A. Yes, sir.
10 Q. And you were taken in an ambulance to which
11 hospital?
12 A. Holy Spirit.
13 Q. How long did you remain at Holy Spirit?
14 A. Six days.
15 Q. And during that time, you had surgery?
16 A. Yes, sir.
17 Q. On both --
18 A. Twice, yes, sir.
19 Q. On both feet?
20 A. Yes, si. r.
21 Q. Ankles?
,~ A. Both the ank.les, yes, Slr.
..
:3 Q. Who performed the surgery?
.24 A. Or. Steven Welr.
. ~ Q. Did you require .iny m~dlcal treatment to
...,)
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1
A.
43
Yes, sir.
Where did you have physical therapy?
Alexander Springs in Carlisle.
How long did you have physical therapy?
Until I went back to full duty, which was
And how often were you going to physical
I was going every two -- I think it was two
And did that continue at a rate of two times
12 a week until you returned to full duty work?
2
Q.
Yes, sir.
After the hardware was removed, did you have
15 to have any further physical therapy?
3
A.
A.
I did until -- no. No, sir, I didn't.
4
Q.
Q.
After you were released from Holy Spirit
5
A.
18 Hospital, did you have crutches, a cane, a walker,
6 one year.
7
Q.
19 anything like that?
,..-J
8 therapy?
9
A.
10 times a week.
11
Q.
13
A.
14
Q.
16
17
:0
"
< <
>,
..
, 1
.,
24
,~
A.
I was in a wheelchair.
Q.
How long were you in a wheelchair?
A.
Threl> month5.
o~
And what did yeu progress to?
And t ht-n w*,nt to it w~\lker .
Hew lonq did >"0" have the walkel:
A.
.,
'loP
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44
1 A. A couple weeks. Then I went to crutches.
~ 2 And I had the crutches until about, probably
up
3 September or October -- no, it wasn't that long.
4 It must have been August because it was
5 before -- I got rid of the crutches before I went back
6 to full duty.
7 Q. SO it was August of '95?
8 A. '95.
9 Q. And presently do you use any type of a cane
10 or crutch or anything?
11 A. No, sir.
12 Q. When you left Holy Spirit Hospita I, did you
13 have casts on both ankles?
14 A. Both legs up to the knees, sir, and the
15 feet.
16 Q. How long did you have those casts?
17 A. I had the one on until December, and the
18 other one was on until March, I believe.
19 Q. Do you recall which one came off in
20 December: rlght or left, if you reca 11 ?
21 A. Right.
~, Q. Why was it that the left one had to stay on
~~
:J \lntd March, whatl.'vf'1 your recollection is"?
~4 A. Because the unlt ,.:'cJJIU! down ;" iqht a lor\.~ the
, ~ ~l1uckte \.....' t' ",he ankle .~nd crushed 'S';)f!\~ of tho!' ~ T!\~' II t?> r
~~
C~n~r~l r@nn~ylV4!:1~ C._ult P~i)0rtln:~ Servl~.~
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44
1 A. A couple weeks. Then I went to crutches.
" 2 And had the crutches until abou t I probably
I up
3 September or October -- no, it wasn't that long.
4 It must have been August because it was
5 before -- I got rid of the crutches before I went back
6 to full duty.
7 Q. So it was August of '95?
8 A. ' 95 .
9 Q. And presently do you use any type of a cane
10 or crutch or anything?
11 A. No, sir.
12 Q. When you left Holy Spirit Hospital, did you
13 have casts on both ankles?
14 A. Both legs up to the knees, sir, and the
15 feet.
16 Q. How long did you have those casts?
17 A. I had the one on until December, and the
18 other one was on unti 1 March, I believe.
19 Q. Do you recall which one came off in
20 December: r lqht or left , if YOII recall ?
21 A. Right.
.,.'1 Q. Why "as it that the left one had to stay on
..~ 3 untiL March, whatever your recollectlon is?
";4 A. ee('a1.l~e thO!' \Jnlt came f.iown right along th<!
.~ l:nuckl~ ~) f t r,,~ a~~le ..",1 ,~~ t' 'J !hEld scme cf t.he- sma ll..r
.
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45
bones in there. So it took longer for that one to heal
up.
Q. After the right cast was taken off in
December, what type of a cast or boot was placed on, if
anything?
A. I had nothing put on there.
Q. And the same question with regard to the
left one that was taken off in March of '95.
A. Nothing. Wait a minute. They did give me
air casts, which are plastic that goes on the side and
they snap with Velcro. That's right. I just
remembered that.
Q. That was after each of the initial casts?
A. After each one, yes.
Q. How long did you have the air casts?
A. When I went back half days, I still had the
air casts on. So I had them on probably up until,
like, July or August, something like that.
Q. Did you stop wearing both air casts at the
same time?
A. Basically, yes, sir.
Q. Now, was thIS a cast that yeu were able to
put on and Df! by ,ourself?
A. Y@"l!i, 51 r.
g. And you wOle 11 to WOI_ wh.n y0u went to
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48
in terms of personal hygiene, using the rest room, that
type of thing?
A. We had a commode with the handles that would
fall down setting right alongside the bed they had set
up in the living room for me.
And whenever I needed to use it, why, I'd
ask everybody to leave, and I'd use it. Then my wife
would have to take care of it for me.
O. So there was a bed actually set up in the
living room?
A. Yes, sir.
O. And you used that bed until the casts were
off?
A. Yes, sir.
O. And in terms of your meals, your wife would
bring them to you in the living room?
A. Yes, sir.
Q. In 1994, were there any outside activities
or hobbies or organizations or groups that you belonged
to or were engaged in?
A. The only thing was I was one of the
committee members of a Cub Scout pack. And other than
th~t, that's the only clubs or anything that I was
l!W,' lvt'ct 1 n.
Q. Wh<.\t I'm trJ'ln~ t.:.~, flO<1 Qut \5 whethl!t th1!':
'~~ t' r: t t ..\ 1 f' ~ t', !\., ).1 V ,t n 1 t,. (' (' u r t ~ ~ p..-\ r ~ 1 r,'J 3 Il"" t \' \ ,-' if'" ~
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Q. Asidf.l tl\dli Iii. lIfi\Jqh. Ill. Woll .Jnd the
physicill theulpy, 10"'" I h"I" >lilY othpr "".'(lical
providers or' ('dr'~lilkvl.'i t lid' I hitVI~ nut covered with
youi
A.
Holy ~.pl r it,
Th.ll'" fc>v.!rythillg.
Q. !low, h..vapl IWIc'n Involved in this incident
and lookinq back Oil It, I'" Ih,'I<' anything that you can
think of tlhl1 ,:,e,,~l..r TI<ICkH'" Compdny did wrong or
f.lllt'd to do r I'llit whl.."h CdUS"'! your accident?
A. Th.,It.'" ,,,'thu,,.! th.it I can se'! that 1 could
sa.,' thilt UH'Y did ur '!ldn't do wrong.
'.'. 1 ~ It,,,,., .H.yttnnq, 1,)ok1n9 bdCk on it, of
COlH:!!" USlfI'l hlf,i~ll"'. n,dI you would have done
,11tttHP"I.1il' ".L:.'Wlf,J ~Ldt ','U~_J krivw now?
1\. A"~ I... .., .....'H.l III the way it did, 1 can't
S~~ wh~ r i'~
...illd '".'':'' ,:1..11\'1..01 anything in what 1 did.
W. ~LB' h"I'.' .. l'h.Jn'l'" at your place of
...'ll..~m..'" .dt,'1 . Ii", ":':F!<,nt requiring that any of
, h..~.. tip.'" '! I I 'j,'. '"0..,,t5 be ,Jel ivered by flatbed as
''I'I,,~'''I ,. ie,..',1 !L-lii.'ls:
A. "..,'1 ..!\s""r th..t because after it
1>.>1'1 <'t,..I, t t,o'~' , 1.1 I h" I'~'TI~ t (' send it to New
>'".,;~.I,e;< t l~:> I.
,.tn', ~t~~ 1 ""1. wh.lt thei'" do over
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53
A. They were delivered at Mechanicsburg because
that's where the main storage area for the Army was at
that particular time.
Q. When the Cressler truck arrived on the day
of the accident and you saw that these truck seats had
been delivered by way of a boxed van, since most of the
times that's the way they had been delivered in the
past, do I understand correctly that it never occurred
to you or you never thought of rejecting the load?
A. We had in the past when trucks carne in, the
way they were shook around inside the trailer, we have
had our supervisors corne down and look at them, and the
supervisor would tell us be careful and unload them.
Q. But to your knowledge, a load was never
rejected?
A. Not to my knowledge, no, sir.
Q. On the day that this particular shipment
arrived and the rear doors were opened up, after you
took a look at, at least the first six you could see,
did you call your supervisor down?
A. No, sir.
Q. Did the units appear to you to be stacked
properly?
A. 'ies, sa.
Q. It dido't looR llke they had been ,hocken up
~.ntr~i ppnn$ylvani~ Court Fepottlnq $ervlce~
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at all?
A. Not as bad as some I have seen.
Q. Did you have any doubt in your mind when you
looked at the units in the rear of that Cressler truck
that you would have any difficulty in unloading them?
A. No, sir.
MR. LANG: That's all I have. Thank you.
The other attorney may have some questions.
BY MR. GRIFFIE:
Q. Mr. Souder, my name is Bradley Griffie; I
represent OSM Corporation. And Mr. Lang had originally
pointed out to you some preliminary things, and I just
want to refresh your memory on these.
When I ask a question to you, I'll say the
same thing Mr. Lang did, if you don't fully understand
it or don't fully hear it, I ask that you tell me at
that time so I can either rephrase it or restate it
again. I don't want you answering a question if you
didn't hear the whole question or you don't understand
it. Oltay?
fl.. Yes, sit.
C. And you've dcne very well in answering the
questions tor Mr. Lang and verball:ing all your
answers. So :'11 lust I.mlnd you to ~a.e sure all your
answers are v.lb~l.
;.,~'n' t\"l~ f""'Lt'",'J,y~v,t~\~':4 -'-,::\ifT P"'r'~'rt\n'J :~t'l'f\'ic~'S
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A. Yes, sir.
Q. Mr. Souder, the questions r have are kind of
fill-in to some of the questions Mr. Lang had, so r
might not be in the very strict order that Mr. Lang had
so r may jump around a little bit. Feel free to take
your time before you answer any of the questions r ask.
First, when you were unloading the material
off of this truck, do you recall how high up the truck
bed was that you were standing on, how high up the
forklift would have risen to go in underneath these?
A. Most of the trailers are 42 to 54 inches
high, so it was roughly in the area of four feet off
the ground.
Q. Now, you had indicated after the accident a
load was rejected. Had you ever been aware of a load
of these seats being rejected previously?
A. Not to my knowledge, sir.
Q. When you opened the trailer doors to see the
skids or crat"'s 5ithng thO('re, how much room would you
be able ta see an either Side of the crates? Was there
roem between the crates and the trailer walls?
A. Total an both sides might have been 51X,
eiqhl iriche~ at the most.
Q~ H:w ~b~ljt b@tw~.n th. Cl~t..?
A. M<st ~:t th-rm W~I~ t:~~/4~th~r.
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Q. So as you recall opening the doors, you had
these six crates; three on the bottom, three on top,
basically tight together?
A. Yes, sir.
Q. And you're saying about six to eight inches
on either side of those?
A. Yes, sir.
Q. And I'm not sure I'm clear on how these
skids looked. What size were they?
A. They were approximately 14 foot long and,
like, 26 to 30 inches wide, something like that.
Q. And as you opened up the door, did you see
the l4-foot wide, I'll say front, with the 26-inch end?
A. I saw the ends.
Q. So you had three 26-inch crates side by
side?
A. Yes, sir.
Q. And so when the fork was going in underneath
the bottom crate, it was gOlng in from the side
basically, the side of the crate, as opposed to the
front being turned around the l4-fcct wide side?
A. He went in frem the end, which would be the
lcnq ~t(i~~ Th~y'r~ ~ipsL~n~d to C0rn@ in ftom the short,
to C0~~ In wh.r~ y~'u ,\n1V tlAV~ th~ short p~rt on your
t,'r~~ ~nJ th~ ~lj~ i~~' c~~t !0 t~:th 5td~~ of y~u. But h.
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57
1 was coming in where it was all going directly out in
') 2 front of him.
3 Q. SO if I'm the forklift driver and I'm facing
4 this crate, I see a crate approximately 26 inches wide?
5 That's what I'm looking at?
6 A. Yes, sir.
7 Q. And it extends out about 14 feet?
8 A. Yes, sir.
9 Q. Do you know how long the actual forks of the
10 fork truck are?
11 A. Eight foot.
12 Q. Mr. Souder, who was the last doctor, or,
13 rather, medical care provider that you saw for these
14 injuries, whether it was the rehab or your family
15 physician?
16 A. Dr. Wolf would have been the last one I saw
17 for these injuries.
18 Q. And that was after --
19 A. After the last hardware was removed, riqht,
:0 sir.
21 Q. And then since then, you have not had to
" follow up with him, your f amil y physician, rehab peoph
~~
23 or anyone else for this '.njTJry7
.' 4 A. No, Slr.
..::. C. And that last tire.. was. dld I ,~..t you
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they were physically sitting on the seats.
Q. The actual seats?
A. Yes, sir. There was no wood on top for them
to sit on.
Q. And there was no type of wood on the sides,
whether it be posts or boards, that you recall?
A. I don't recall any. There could have been,
but I don't recall whether there was any where the
bands went. There might have just been a little board
for the band to go around. But I don't recall any on
there.
Q. So your recollection would be that the band
would be right on, right against the seat?
A. Yes, sir.
Q. At the time the incident occurred, there was
no one from OSH assisting in unloading that product.
Is that correct?
A. No, sir, there wasn't.
Q. Do you recall whether you received any other
shipment of this product, these seats, from OSH that
day?
A. 1 don't recall any other loads at all that
d,i~' .
Q. Do yeu te~all rece1vlnq lQ3ds ot thes@ truck
seAts from CSM on pft0t 0cc~s10n5~
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A.
We received seats from somebody.
I don't
normally see the bill. The warehouseman takes care of
the bill. And they call us to do the actual loading or
unloading. But as far as who sent the other ones in, I
can't tell you, sir.
Q. And how do you know that OSM sent these
seats?
A. Because since I was injured, they found out
that's who sent that load in.
Q. And you're saying they. Are you talking
about someone at the depot?
A. With my lawyer and the people at the depot
that he contacted to get that information, yes, sir.
Q. Now, I'm going to refer back to the
complaint that you filed. In paragraph 12(a), you
indicate that the crates should have been delivered on
a flatbed trailer rather than a, quote, closed, closed
quote, trailer.
On what do you base your claim that it
should have been on a flatbed?
A. Because of the way the skid' were designed,
they had the p.;Jctets in the Slue for ~'ou to come from
the Side to pick the load up. And by putting it on a
flatbo!'d t["li'H, y.l'.1 Ciln phY~Jlo"ll~' secur" the cargo to
the tfaU", <lrd n h.i'$ n,\ C~:.uli'''' "t shlfUnq aroul\d.
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1 feet sticking straight out in front of your forklift.
2
You would have had, like, 3 foot in front of you and
3 the l4 foot would be to your right and left. You would
4 be in the middle supporting the weight both to your
5 right and left.
6
Following any of the times that you unloaded
Q.
7 this type of product from a closed trailer or box van,
8 did you make any complaint to anyone about the way the
9 product was loaded?
10
Yes, sir. We had brought that up to our
A.
11 supervisors previous to that.
12
Do you know the name of the supervisors you
Q.
13 specifically spoke to?
14
A.
Probably Woodrow Wiest and John Thrush.
15
Q.
And the complaint was that using the closed
l6 trailer or the boxed van required you to unload in the
17 way you've described here today?
18
A.
Well, no. We'd call them down because when
19 the loads were shifted and shaken around, we'd call
20
them down and see what
you know, it we were a little
':1
unsure what we had to do. they could tell us or say,
okay, we t [e not going to do it. send it bad.. Or they
would hav'!' t.:') tell ',.s ti...) qo 4hea,j ana unload it . So
they w0ultj h,jv~ th~ leSp,)"$It-I: It} b'{ UYU-'Q yes or n,,1.
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indicate to one of these gentlemen that these loads
should come in on a flatbed and not a closed trailer?
A. We had talked about that in the rigging
outfit, yes, sir.
Q. Do you have any idea how far that
recommendation or that thought went in the chain of
command?
A. No, sir, I don't.
Q. Similarly in paragraph l2(b), you indicate
that one size of banding was used and another size
should have been used. On what do you base your belief
that another size should have been used?
A. Well, the three-quarter inch banding will
tear quicker if it gets twisted or something hits it or
something; it will tear quicker than the inch and a
half banding. The three-quarter banding is more for
your real light material.
Q. Did the bands on the seats and the crates
that were involved in your accident, did they break or
snap?
A. I don't recall any of them breaking or
snapping. The celly bands that went the whole way t
thrnk dld loosen up when they came off the top. But I
don't think they brck~.
Q. :s lT y~ur F05itlcn th.t the si:~ of the
'."l;rit f/ll hl"'~:""'il\'~';:tt,_l ',~'.it:t R.\F".~l t If;-l ~:,:o.z Vt,_'-("c~
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banding caused this, the product to tip?
A. No, sir.
Q. So the idea that a wider band should have
been used is just your belief that it shouldn't
A. It would have probably held it together
better, but it wasn't what caused it, no, sir.
Q. Did you ever complain to your supervisors in
the past when you unloaded these type of truck seats
that the banding wasn't big enough?
A. I don't recall, sir.
Q. In paragraph l2(c) of the complaint, you
indicate that full boarding should have been placed on
top of the units. Is it fair to say that after this
incident, you looked back at this, it's your idea that
the full boarding would have helped avoid this accident
as well?
A. Yes, sir.
Q. That's not from someone else or some sort of
regulations that it should have been?
A. No, sir.
Q. Is the same true With respect to the two
wraps of banding It Indi~ates should have been along
th~ entire lenqth ul the units .1 b.lly wraps?
A. 1 don't think mgr. wDuld .._e any dlfferen~e
tlHtt...
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Q. So paragraph l2(d) about the belly wraps,
that probably wouldn't have affected things?
A. No, sir. That wouldn't have had anything to
do with it, in my opinion.
Q. I had in my notes that -- in reference to
l2(e), it says slots were not provided for all bands.
I have in my notes for your testimony that you weren't
sure if there were slots for all of them or not. Is
that correct?
A. I'm not sure if there were slots for all of
them or any of them, to tell you honestly.
Q. With respect to the various complaints that
you made relative to the transportation of packaging of
the crates and your suggestions that another way may
have been better, did any of those suggestions come
from any regulations, government regulations, Army
regulations, or were they all just based upon yo~
looking at this after the accident and believing things
would have helped:
A. I don't really know what the packing
regulations are for the government, so 1 don't know if
they packed them properly or improperly.
Q. With respect to all the dllegatlons in
paragraph lZ. which were the ones I was just reciting,
It Indicates that defend~nts' transportation and
C@ntral F~n~~y:vdr:l~'~:~rt ~~p0rtlnq SPtv~ce~
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66
packaging of the crates was improper. And then you
give the following reasons.
Do you have any information that OSM had
anything to do with physically transporting that
product?
A. I have no knowledge, no, sir.
Q. And your knowledge relative to the packaging
of the crates came from information you received
through your attorney and through your employer. Is
that correct?
A. Yes, sir.
Q. Do you have any information upon which to
determine who decided to use closed trailers instead of
flatbeds?
A. I have no idea who did, sir.
Q. Do you have any personal knowledge as to
whether the use of a closed trailer instead of a
flatbed complied with federal or government
regulatlons?
A. For that type load, I don't know what the
regulations are for it, so I don't know.
Q. Are ycu a~are of any, whether any plctures
were tak~n of thl' ~('rtdent sc~n~?
A. I ~m not 3warp, but I assume there was.
o. YG~i.VP n€ver ~@en any:
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A. I've seen some pictures, but I don't recall
any of the actual picture in the trailer. The pictures
I've seen were the bundle that had fallen once it was
removed from the trailer. They took some pictures of
it sitting there on the ground.
Q. Are you aware of whether any of the actual
material, whether it be the two-by-fours of banding or
the truck seats, themselves, that were involved in this
incident still exist?
A. No. They would have been shipped out by
now.
Q. So after the incident, somehow all of this
product was then ultimately unloaded and forwarded on
pursuant to whatever the government contract was?
A. Yes, sir.
Q. Do you have any personal knowledge as to
whether all of the issues or part of the issues raised
in your paragraph 12 -- that would be use of a closed
trailer, use of the three-quarter inch banding, not
having full boardtng, not having extra belly wraps, not
having slots if there were not slots for the wraps and
not using a header -- whether all of those issues were
deCided by on~ lndtvldual or 0n~ company? Po you know
who decloed th~t:
A. I have no id~A. Slt.
Cer:tt~l r@~=-~ytvAt~l~ C\~urt F~p0rt\n~ Servic@s
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Q. And I think you previously indicated you
don't have any personal knowledge as to whether those
issues would be in compliance with government
regulations?
A. No, sir, I don't.
Q. Based on your testimony to Mr. Lang, it
sounds like you've never had any other work-related
injury. Is that correct?
A. I've had minor injuries, but nothing like
that.
Q. No work loss?
A. No, sir.
Q. Again, for my clarification, do I understand
that most of the shipments of these seats that you
received were, in fact, in closed trailers?
A. Most of them were, yes, sir.
MR. GRIFFIE: Thank you, Hr. Souder. That's
all the questions 1 have. I don't know if your
attorney may have some follow-up or not.
HR. WEBBER: t don't have any.
BY HR. l.ANG:
Q. t have some follOW-Up here based on some
lnformatlon brouqht up. We'll be done here In a
sec;ond.
You lndlcated that you now belleve that
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70
what went from there, I can't tell you, sir.
Q. In relation to the date of your accident,
how far ahead of that did you have these types of
discussions with your supervisors?
A. Years.
Q. Is this something that had been going on for
a long, long time?
A. Over a period of years, we brought it up a
couple of times.
Q. And you could never get your employer to
make sure that flatbeds were used?
A. Well, my bosses would go to their bosses.
But, you know, where it goes from there, I don't know.
Q. Did you ever say to your supervisors at any
point that we believe it is unsafe for these seats to
be delivered in closed vans?
A. I don't know if I ever actually put it in
those terms. But we would call them down and tell them
that this load is unsafe, but they'd say be careful and
unload it.
Q, So even on the occasions when you looked in
the rear of the traller and saw some eVidence of
shifting and yeu bfought that to your supervisors'
attention and th0ught I, was unsafe. they ~till told
you to unlcdd th~ tt~li~r?
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Q.
A.
Q.
one of the
unload it?
A.
Q.
71
Yes, sir.
And you did that?
Yes, sir.
At any time before this incident, did any
units ever fall while you were trying to
Yes, sir.
And when was that in relation to this
9 incident? Are we talking a week before, months before,
2
3
4
5
6
7
8
10 years before? Whatever you can estimate.
II
A.
Well, over the years, they've fallen
12 numerous times.
)
13
Q.
And did your supervisors know about that?
Yes, sir.
And on the occasions when these other units
16 had fallen, were you part of the crew?
14
A.
Yes, sir.
So before your accident, you knew it was
19 possible that a unit that was higher up could falloff
15
Q.
20 of some of the lower units?
17
A.
Yes, sir.
Did yeu ever refuse to unload a trailer?
I never dId. and I don't rec~ll anybody else
~4 ever refuslnq until ~ttef my ac~ldent.
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Q.
Was anvb0dy ~Ise ever hurt by a rallln~
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units that fell before this one fell during the
procedure when they were being dragged by the cable?
A. Usually, yes, sir.
Q. Do you recall any of them ever falling off
of the top whenever they were already engaged by the
forklift?
A. Not that I can really remember, no, sir.
Q. Before this accident, did you believe that
it was possible that one of the units could falloff
the top even if the forklift had already started
picking them up?
A. Yes, sir.
Q. Was anyone else in the vicinity of where you
were injured and were also close to getting hit by the
unit?
A. They were all outside the trailer, sir.
Q. You were the only one inside?
A. I was the only one, yes, sir.
Q. The photographs that you have seen of the
unit after it had been removed from the trailer, did
you see that at work, or does your attorney have those
phutos? Where are they?
A. Well, I had seen them at work. My boss had
Flrtu[e~ of It. And I thln_ Mr. Webber .l~o h4$
l'lctUl'ftS In hi' rll~~~
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75
A. She's still there, but not in that position.
My record is still in there, but she's in a different
position now.
Q. Do you know who's in that position now that
if we wanted to contact somebody and obtain a copy of
that file who we would direct our request to?
A. Yes, sir. Yvonne Weaver, I think it is.
The phone number is 605-5227.
Q. What's the name of the office today, if you
recall ?
A. It's HRO, human resource office. I could be
wrong on her last name, but Yvonne is her first name.
Q. Yvonne in the human resource office?
A. Yes, sir.
Q. Your attorney hss provided a one-page sheet
of photocopies of what appears to be Polaroid
photographs. And before we leave today, I'll make a
copy of this and we'll mark it as Ernest Souder
Deposition Exhibit Number I.
And I just ask you to take a look at that.
A. (Perusing document.)
Yes, sir.
Q. Let me first dlt~ct your attention to the
photograph at the t0p l~ft.
A. Yes, Sir.
c.~r;tt.ll P~r!';<{Y:".Vli._t r'.~'\irt Rer.~--:rtr.q ~~~et\"l,~~'
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80
COMMONWEALTH OF PENNSYLVANIA
55.
COUNTY OF CUMBERLAND
I, AMY R. FRITZ, R.P.R., a Court
Reporter-Notary Public authorized to administer oaths
and take depositions in the trial of causes, and having
an office in Carlisle, Pennsylvania, do hereby certify
that the foregoing is the testimony of ERNEST J.
SOUDER.
I further certify that before the
taking of said deposition the witness was duly sworn:
that the questions and answers were taken down
stenotype by the said Reporter-Notary, approved and
agreed to, and afterwards reduced to computer printout
under the direction of said Reporter.
I further certify that the proceedings
and evidence are contained fully and accurately in the
notes taken by me on the within deposition, and that
this copy is a correct transcript of the same.
In testimony whereot, 1 have hereunto
inscribed my hand this llth day of September, 1999,
NOT.llll,\\. SUL
AMY JIlITt. NotIfY ,.....
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Central Pennsylvania Court ~eportinq Services
(1111 258-36~1 01 t8001 863-3651 or fastfnq.rl'aol.cc~
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PRAECIPE FOR LISTING CASE FOR TRIAL
(MoIst be typewritten and subnitted in duplicate)
10 'mE PIUl'HO/'Ol'ARY OF aI1BER1.An> COONl"i
Please list the following easel
(Check one)
( X
for JURY trial at the next tenn of civil court.
( for trial witoout a jury.
-----------------------------------------
CAPTION OF CASE
(entire caption IlIJSt be stated in full)
(check one)
ERNEST J. SOUDER AND
"HEDWIG K. SOUDER
(X) Civil Action - Law
( ) ~a] fran Arbitration
)
(other)
( PLnntiff)
vs.
OSH CORPORATION
The trial lis t will be called on
and
January 7.
-'UUJ
(Oefcnd.Jnt I
Trials camencc on Febru.uv). 200)
?retnals loIi11 be held onJanu.1rv IS. 200)
(Bnefs arc due 5 days before pretr14ls.)
(1't1c pou"ty hstlng thls case for trial sh.lU
provide forthwith a copy of the praeclp:! to
all counsel. pursuant to l~ Aule 214.1.1
vs.
CRESSI.ER TllUCKINC. lIfC.
(Ddl!nd3nt)
flJ. 96-5089 CiVll rena
19
Indic.3tl! the 4Homey wro wlll try ColSe for the p.uty wro files thu praecipe.
Rlch3rd t. Webber. Jr.
IndiC.3tc tnoll l."OUnsel for other p.ut les lf ktlown.
Iradle. L. Criffie, Attorne.
. .
for OSH C~rpor3ttOft &n4 ~. A. Lona. Attorne, for Cr,.,ler Truckin,. Inc.
nl1s c.ue is re-.Idy for tn.l.
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l"nnt """I Iltthaf\l t. Wel>Iln. Jr.
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Ernest J. Souder and Hedwig K. Souder
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY. PENNSYLVANIA
v
OSM Corporation
v
: NO. 96-5089 CIVIL TERM
Cressler Trucking. Inc:.
ORDER OF COURT
AND NOW. January 6. 2003. counsel having failed to call the above case for
trial. the case is stric:ken from the February 3. 2003 trial tenn. Counsel is directed to relist the case
when ready.
By the Court.
Richard t. Webber. Jr.. Esquire
For the Plaintiff
Bradlty L Griffie. Esquire
For the Defendant
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Thomas A. 1.11lJ, Esquire
For the Dekndant
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COW'! Administrator
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