Paul A. Wetzel v. Gulf Oil Corporation, a Pennsylvania Corporation

Appellant Wetzel brought this action against the Gulf Oil Corporation in the Superior Court of Arizona for Maricopa County. He alleged intentional tort, breach of warranty, negligence, and defamation. He sought compensatory and punitive damages in excess of $55,000.

Defendant removed to the district court pursuant to 28 U.S.C. § 1441 . The case was tried to a jury. At the conclusion of the evidence, the district judge directed a verdict for the defendant on the ground that plaintiff had failed to present evidence sufficient to sustain a favorable verdict. Wetzel appeals.

Wetzel’s claims are threefold. First, he alleges that an attendant at a Gulf Oil Company service station, in the process of “topping up” the fluid in the braking system of Wetzel’s automobile, put a foreign substance into the master cylinder. He alleges that several hours later, while he was driving, his brakes froze due to the foreign substance and his car rolled into an intersection out of control.

Although no accident resulted and Wetzel saw no physician for any injury arising from the incident, he asserts that his “life was placed in jeopardy and he suffered mental anguish, false imprisonment, and assault…