Lois M. Cobb, Individually and as of the Will of Russell E. Cobb, Deceased v. Robert Kumm and United States of America

KILEY, Circuit Judge.

Plaintiff, and her husband, since deceased, sued Kumm in a diversity personal injury action to recover damages for injuries suffered when Pfc. Kumm, a United States soldier, drove his car into the rear of plaintiff’s automobile at a stoplight in Freeport, Illinois. Later the United States was joined as a defendant under the Federal Tort Claims Act 1 under allegations charging vicari ous liability of the United States as Kumm’s principal. The court entered summary judgment for the United States and dismissed it from the suit. Plaintiff has appealed from the order of…