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.
Jury Must Find Substantial Factor When “An” Injury Is Undisputed In Auto Case
January 16, 2014
In Herbst v. Marshal, 4th Dept 2011 (CA 11-00326) the Fourth Department upheld the lower Court’s ruling to set aside a jury verdict in favor of the defendant as against the weight of the evidence based on the jury’s finding that the crash was not a substantial factor