Zielinski v. Zappala

OPINION

POLLAK, District Judge.

In March 1977, plaintiffs Joan and John Zielinski, wife and husband, commenced this diversity action against defendant Dr. Angelo J. Zappala. According to paragraph 6 of the complaint:

At the time and place described in the foregoing paragraphs of this Complaint [a Christmas Party at the Delaware Valley Hospital], Defendant Angelo J. Zappala was engaging in frolicsome behavior and horseplay which behavior, due to the carelessness and negligence of Defendant, caused Defendant to lose his balance and thereby fall upon Plaintiff Joan Zielinski, who was sitting in a…