A recent AAJ article reports that a petition is pending requesting that the Supreme Court allow active duty military personnel to sue the government. Petty Officer Nathan Hafterson died on March 26, 2006, at Naval Hospital Jacksonville after being admitted for trouble breathing. His attorneys state that it would put military members on the same footing as civilians under the Federal Tort Claims Act. This malpractice action was denied by the lower courts because a federal law (known as the Feres doctrine) prohibits active military members from suing the US government.
Recent Fourth Department Case Law
April 6, 2009
In Kmiotek v Chaba ____ A.D. 3d ____ the Appellate Division, Fourth Department set a minimum value for spinal disc injuries. The Appellate division also upheld the trial Court’s Order directing a verdict on the issue of serious injury. This case involves an appeal from a judgment of