United States v. Mar-Le Wendt and Albert D. Rosellini

On March 11, 1953, in Tacoma, Washington, there was a collision between a Nash automobile and an Army truck attached to and pulling a trailer. At the time of the collision, Mar-Le Wendt was-the driver and sole occupant of the automobile, Albert D. Rosellini was the owner of the automobile, and appellant, the-United States, was the owner of the truck and trailer. In and as a result of' the collision, Wendt sustained personal injuries, and Rosellini’s automobile was injured.

The collision was caused by the negligent acts and omissions of William Lawrence Brown and Albert G. Hagen. At the time of the collision and at all pertinent times, Brown was a member of the Washington National Guard, but was also employed as a civilian administrative, supply and maintenance technician and was acting within the scope of his employment as such technician. Hagen was not a member of the Guard, but, at all pertinent times, was a lieutenant colonel in appellant’s regular Army, was detailed to the Guard as a United States property and fiscal officer and was acting within the scope of his employment as such officer. The negligent acts and omissions of Brown and Hagen occurred under circumstances where…