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.
Fall Was The Result Of Elevated Related Risk
July 5, 2013
In, NICOMETI v. THE VINEYARDS OF FREDONIA, LLC (June 2013) the Fourth Department held that contrary to the contention of defendants, the Supreme Court properly concluded that plaintiff’s fall was the result of an elevation-related risk for which Labor Law § 240 (1) provides protection.