Johnston v. United States

*2ORDER

ALBERT J. HENDERSON, Jr., District Judge.

The question in this case is whether the alleged negligence of a National Guardsman, away from his home at a military base on temporary active duty, receiving per diem pay, who drives to lunch at a public eating house in a truck furnished him by the government for that purpose, can be imputed to the United States government under the Georgia law of respondeat superior. The court holds that it can.

Presently before the court are the defendant’s motion for summary judgment, and the plaintiff’s motion for partial summary judgment as to the question of…