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.
Fourth Department Upholds Denial Of Defendant’s Summary Judgment Motion For Rear-End Crash
June 5, 2013
In Lyins v. Zieman, May 2013, the Fourth Department upheld the lower Court’s ruling denying defendant’s motion for summary judgment regarding a rear-end crash. The defendant claimed that he should be let out of the case as he proved that his brakes failed. The Court held that the