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HomeMy WebLinkAbout95-01904 J -s. .1; -0 .; ~ c C3 . 7 L. Q) ~ . · ci) N ~ I JI . o Z ;:;"2~,/J'I"dl ,,,.I,,/',,J,-rIlJ ,1,'iVl""1 "'I' c, Failing to take steps in order to prevent the accident, including failing to take steps to maintain and repair the switch or to stop Plaintiff from operating the switch; d. Failing to inspect the switch so as to find the defect and/or damage; e. Failing to take adequate preventative measures to correct the dangerous. or potent iall y dangerous, condition of the switch; f. Failing to properly supervise and warn the Plaintiff so he would not be injured; and g. Failing to take the defective switch out of service. 16. The aforementioned accident resulted solely from the negligence, carelessness and recklessness of the Defendant as aforesaid, and was not due to any act. or failure to act. on the part of Plaintiff. 17. As a direct and proximate result of Defendant' s aforesaid negligence, carelessness and recklessness, Plaintiff, Fred W. Zeigler, sustained numerous severe injuries and symptoms, 18. including. but not limited to. left knee contusion and severe pain in that knee. 4 /UJ'2I...,'!',," ,.,l,l"Io/,", 1,"'/'""1 '"I' 19. As a result of Defendant's negligence, plaintiff incurred injuries which were and are severe, permanent and disabling in nature. 20. As a result of his injuries and Defendant's negligence, Plaintiff Fred W. Zeigler suffered and will continue to suffer in the future, severe physical pain, suffering, mental anguish, humiliation ~nd loss of life's pleasures. 21. As a result of his injuries and Defendant's negligence, Plaintiff Fred W. Zeigler has suffered physical impairments which have, and may continue to, hinder all or substantially all, of the material duties that constitute his usual and customary daily activities. 22. As a result of his injuries and Defendant's negligence, Plaintiff Fred W. Zeigler has suffered and will continue to suffer a severe and permanent loss of earnings and impairment of earnings and impairment of his earning capacity. 22. As a result of his injuries and Defendant's negligence, Plaintiff Fred W. Zeigler has been, and will be, obligated to receive and undergo medical attention, care and therapy, and he has incurred various expenses for said medical treatment and therapy, 5 ..... ~ .',1 ., ,',.., '.::-1 q z 0( ! t:l OC 0 ~ a " w E ~ . .ol! ~ < ~ Vl i'i ~ ~ > , < 0 . . .. - oc . .8 ~ j:: 0< ... ~ ~ 0 , w . ~ ~ " . jVl . .,; .t 0 0 ~ c:i z .; ~ . ~ oc - a I- ~ . .. . < OJ :>: :c .., 'r- -. .. --. ,..~. FRED W. ZEIGLER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 95-1904 CIVIL CONSOLIDATED RAIL CORPORATION, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that I have this c:Q f ~ day of September, 1995, served a Reauest for production of Documents upon counsel of record by First Class U.S. Mail, addressed as follows: David C. Eaton, Esquire NAUMAN, SMITH, SHISSLER & HALL 122 Market Street P. O. Box 840 Harrisburg, PA 17101 HEPFORD, SWARTZ & MORGAN By: (/}_,/f, !tI-~ D~S w.~affer Attorney 1.0. #39182 111 North Front Street P. O. Box 889 Harrisburg, PA 17108-0889 Date: 9/ ~ , !q.,,- ATTORNEYS FOR PLAINTIFF '- .:-~ ~c..>o .... ..... :: ::c '" > ... . . ." . 0 ;;l ~ ,. ~ . - ~ P :t. ~ ... ... 0 Vl~ ~ P . , , ~ ~ . ~ , . )0 0 ... . ~ ." . ,. . ::; ~ . . c ;H f > 5 . , ~ ll:o~ . !!' ~ i . ::: ~ ~ 0 ,. Cl '" )0 7. U'I '" -u r-.J r-..l ("0...) l,J "" ~ :::<: '<.0 ,...,., '- c:...:., ,- ..... '-' '" :I: :r: m . ." . ." . :; 0 ;;l . = '" e p ~ . :l .0 "- ':! :0 e tIlr 0 . , , p ;; ~ . ~ , > 0 .. . 8' ." ::; < . '" . . . 0 ;:l ~ , f ~ g; ~ Raii: ; '" ~ ~ ::; : ::: ~ ~ " 0 '" Cl .. > '" "- L/'2 '" -u r-., .-'.) 1') .., I..J -0 ::..: - l.D l..T1