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.
Rear End Crash Denied Summary Judgment
June 11, 2013
In Borowski v. Ptak, (4th Dept. June 2013), a 3-2 decision, the Fourth Department upheld the lower Court’s denial of a summary judgement motion for defendant.
This rear-end crash was a little different than most cases. In this case the Plaintiff was the party that rear-ended the defendant.