Rolon v. United States

RUIZ-NAZARIO, District Judge.

This is not an action involving the negligent operation of a vehicle owned by or under the control of a defendant enterprise, where the mere showing of such ownership or control at the time of the accident would have raised, under the local rule of interpretation, the rebuttable presumption that such instrumentality was being operated, then, by an agent or employee of such enterprise, acting within the scope of his employment.

The situation here is no way parallel thereto.

Plaintiifs are alleging that a portion of a mortar bullet (shell) which was resting,…