Arthur L. Ward and Lucille Ward v. Carl M. Buehler

Arthur L. Ward, a long-distance tractor-trailer driver was involved in a collision with a vehicle owned and operated by persons not parties in the instant suit. During the course of the investigation of this accident, Ward was directed by a highway patrolman to cross the highway to the place where his rig was parked and retrieve certain papers. While returning across the highway on foot he was struck by the defendant’s automobile.

Ward, joined by his wife, sued defendants, invoking federal diversity jurisdiction. The jury awarded the plaintiff $25,000 as compensation for all his damages,…