John E. Kemnitz, a Minor by Laverne Kemnitz, His Next Friend v. United States

Plaintiff brought this action against the government under the Federal Tort Claims Act (28 U.S.C.A. § 2674) to recover damages for personal injuries allegedly caused by the negligent operation of a United States postal truck. Following trial before the court, the trial judge made and entered findings of fact and conclusions of law. The court found and concluded that the plaintiff had failed to prove by a preponderance or a greater weight of the evidence either the negligence of the defendant or the plaintiff’s own exercise of due care for his own safety at the time of the incident.…