Logourl black
From our private database of 14,200+ case briefs...

Zielinski v. Philadelphia Piers, Inc.

United States District Court for the Eastern District of Pennsylvania
139 F. Supp. 408 (E.D. Pa. 1956)


Facts

Zielinski (plaintiff) was operating a forklift for J. A. McCarthy, Inc. when he was injured by Sandy Johnson. Zielinski sued Philadelphia Piers, Inc. (defendant) and alleged his injuries were caused by Sandy Johnson’s negligent operation of a forklift owned by Philadelphia Piers. Zielinski alleged that Johnson was an employee and agent of Philadelphia Piers at the time of the accident. Sandy Johnson had worked for Philadelphia Piers for 15 years and was not aware that the company had transferred ownership of the operation and that he had in fact been working for Carload Contractors, Inc. (Carload). Johnson also mistakenly testified that he had been working for Philadelphia Piers at pretrial depositions attended by representatives of Philadelphia Piers, who had made a general denial of the allegations in the complaint but did not clarify that it had transferred the operation to Carload Contractors. Carload, Philadelphia Piers, and the insurance company that provided insurance to both companies were aware of Zielinski’s error. Zielinski did not discover that he had sued the wrong company until the pretrial conference. Zielinski moved to estop Philadelphia Piers from denying the facts alleged in the complaint because the company had allowed him to believe that they were true, in effect anticipating a dismissal of the complaint based on false statements of the parties and suing the wrong party.

Rule of Law

Issue

Holding and Reasoning (Van Dusen, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 237,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,200 briefs, keyed to 189 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.