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HOLBEN v. MIDWEST EMERY FREIGHT SYSTEM, INC.

Civ. A. No. 81-18 ERIE.

525 F.Supp. 1224 (1981)

John P. HOLBEN and Elaine M. Holben, Plaintiffs, v. MIDWEST EMERY FREIGHT SYSTEM, INC., t/a/d/b/a Haulmark Transport Systems, Defendant.

United States District Court, W. D. Pennsylvania.

November 17, 1981.

Attorney(s) appearing for the Case

James J. Moran, Buffalo, N. Y., for plaintiffs.

John M. McLaughlin, Erie, Pa., for defendant.

OPINION

WEBER, Chief Judge.

Plaintiff was injured when struck from the rear by a truck operated by an employee of defendant Haulmark Transport Systems. The answer of Haulmark admits that the operator was its employee acting within the course of his employment, thus making Haulmark vicariously liable for any negligence of its employee.

Plaintiff amended his complaint to add a cause of action against Haulmark for negligent entrustment because it knowingly...

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