James Allen Budde v. Kentron Hawaii, Ltd., and Jessie B. Francis

McWILLIAMS, Circuit Judge.

This is a personal injury case. Jurisdiction is based on diversity of citizenship. 28 U.S.C. § 1332. The district court directed a verdict for the defendant on the ground that the plaintiff had failed to establish a prima facie case of negligence and dismissed the action. The plaintiff appeals, contending that he presented sufficient evidence of negligence to require submission of the case to the jury. We do not agree, and therefore affirm.

I. Background

On September 27, 1970, the plaintiff, James Allen Budde, suffered serious head injuries when a military jeep in…