John C. Chacon, Jr. v. Richard A. Babcock, United States Marine Corps and United States of America

Chacon appeals from the District Court’s order granting summary judgment for the Government and the Clerk’s judgment entered thereon in an action arising under the Federal Tort Claims Act, 28 U.S.C. § 2671 et seq. We note a lack of jurisdiction for want of a final appealable order, and dismiss this appeal. 28 U.S.C. § 1291 .

PROCEEDINGS IN THE DISTRICT COURT

Chacon’s complaint alleges that Babcock, a Marine Sergeant, negligently collided with the rear of Chacon’s automobile while driving a Marine Corps jeep on a public highway, causing damage. Chacon’s original complaint asserted the Government was liable under the doctrine of respondeat superior. The Government moved for summary judgment, claiming that Babcock was acting outside the scope of his employment at the time of the accident, precluding governmental liability.

On August 24, 1978, the parties stipulated that Chacon could file an amended complaint alleging a “Second Claim for Relief.” In this claim, Chacon asserted that the Government was directly liable for the accident on the theory of negligent entrustment of the Marine Corps jeep to Babcock. The District Court ordered the amended complaint filed on September 11,…