Orlando Valdez v. United States

MERRILL, Circuit Judge.

In this action brought under the Federal Tort Claims Act, 28 U.S.C. § 1346 (b) and §§ 2671 et seq., appellant seeks damages for injuries sustained through the alleged negligence of a government employee in the operation of an automobile. Trial before the district court without a jury resulted in judgment for the United States.

Upon appeal from that judgment appellant contends that we should hold clearly erroneous the court’s findings that the government driver was free from negligence and that appellant was guilty of negligence.

We may assume, arguendo, that the…