HomeMy WebLinkAbout95-01905
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10. At said time and place, while Plaintiff was walking past
a tank car, toxic gas was released from that car directly onto the
Plaintiff.
11. Defendant knew, or should have known, that gas would be
released from the car in that train.
12. Defendant took no action to correct the condition which
led to the release of the gas, or to warn Plaintiff of the release
of the gas.
13. Defendant was responsible for the condition of the train
by which the Plaintiff was working on the previously stated date.
14. Plaintiff's accident, and the injuries he sustained as
a result of that accident, was a direct and proximate result of the
negligence, carelessness and recklessness of the Defendant.
15. At the above stated time and place, Defendant's
recklessness, carelessness and negligence consisted of:
a, Failing to properly maintain the car in question to
prevent a releB6e of the gas;
b. Failing to provide Plaintiff with a safe environment
within which to work;
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c. Fail ing to take steps in order to prevent the
accident, including failing to stop Plaintiff from
walking past the car during the release of the gas,
warning the Plaintiff of the gas release and failing
to stop the release of gas onto the Plaintiff;
d. Failing to inspect the car;
e, Failing to take adequate and preventative measures
to correct the dangerous, or potentially dangerous,
conditions; and
f. Failing to properly supervise and warn the plaintiff
so he would not be injured.
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 inj uries and symptoms, including,
but not limited to, pulmonary injuries with associated problems
resulting from exposure to the gas release,
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18. As a result of Defendant's negligence, Plaintiff has
incurred injuries which are severe, permanent and disabling in
nature.
19. 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 and loss of life's pleasures.
20. As a result of his injuries and Defendant's negligence,
Plaintiff Fred W. Zeigler has suffered physical impairments which
have hindered, and may continue to hinder, all or substantially
all, of the material duties that constitute his usual and customary
daily activities.
21. 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 earning
capacity,
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 medical treatment and therapy, and expenses
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IlrI'I'OIIll. SWAIlTl & MOIlGAN
III NUIlIII nUl~1 SIIlII!
Il,n, ntl\ MK~
IhUI\ll\Iltti I',...", 1\ "..,,, 171OK.tHUII)
11111'110\1711234-4121
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FRED W. ZEIGLER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 95-1905 CIVIL
CIVIL ACTION - LAW
CONSOLIDATED RAIL CORPORATION
Defendant
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I hereby certify that I have this ~ \4"' day of September,
1995/ served Plaintiff's Interrogatories to Defendant and Reauests
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 B40
Harrisburg, PA 17101
HEPFORD, SWARTZ & MORGAN
By: {l)/(ikJI-
Dennis R ~~:.:ffi-er
Attorney I.D. #391B2
111 North Front Street
P. O. Box BB9
Harrisburg, PA 17108-0889
Date: 't I.;J.. 1/9 r
ATTORNEYS FOR PLAINTIFF
I.AWOlllt:lS
Hn'fORIl, SWARTZ & MORGAN
III NUltlllfKtI". SIKH1
11,0. nux MK9
IIAIUl.I\tlllltli. 1'1 ~'\\1 VASIA 111OK..oKli9
T'III'IIU~. 717 234-4121
SEP ZZ L 3J PH '95
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