Melvin Miles v. City of Chandler, a Municipal Corporation

In this Arizona personal injury case ■ brought in Federal Court because of diversity of citizenship, judgment of dismissal was entered in favor of the City of Chandler on the ground that the amended complaint upon which the plaintiff elected to stand fails to state a claim against the city upon which relief can be granted.

On August 2, 1960, appellant filed in the District Court his amended complaint against the City of Chandler, appellee, a municipal corporation duly organized and existing under the laws of the State of Arizona, and Bernice I. Calley, the duly appointed, qualified and acting administratrix of the estate of Lenford C. Calley, deceased. By the amended complaint plaintiff seeks to recover judgment against both defendants in the amount of $300,000 for injuries and damages which plaintiff alleges he sustained as a result of a collision which occurred while he was riding as a passenger in a pickup truck belonging to the City of Chandler which was negligently operated by Lenford C. Calley, now deceased, the superintendent of streets of the city while acting within the course and scope of his employment in the maintenance and repair of the streets of the city.

On…