United States v. Richard M. Romitti

BROWNING, Circuit Judge.

This is an appeal from a judgment against the United States under the Federal Tort Claims Act, 28 U.S.C.A. §§ 1346(b), 2674, for damages resulting from an automobile accident caused by the negligent driving of Mr. Moore, an employee of the United States.

All agree that the question presented is whether under the doctrine of respondeat superior as applied in California (where Mr. Moore's negligent act occurred) a private employer would be liable for plaintiff’s injuries in the circumstances of this case. See, e. g., McCall v. United States, 338 F.2d 589, 592 *664(9th Cir.…