United States Ninth Circuit

In an action brought by a marine who lost his leg while riding in his roommate's car when it crashed into a previously damaged but unrepaired guardrail on a military base, dismissal of the action is reversed where the Feres doctrine, which immunizes the government from suit for injuries arising incident to military service, does not bar plaintiff's claim against the government under the Federal Tort Claims Act (FTCA).

Appellate Information

• Argued 03/08/2007
• Decided 07/02/2007
• Published 07/02/2007

Judges

• WARDLAW, Circuit Judge:, Before:  PAMELA ANN RYMER, KIM McLANE WARDLAW, and MILAN D. SMITH, JR., Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Thomas F. Friedberg, Law Offices of Friedberg & Bunge, San Diego, CA, for the plaintiff-appellant.


• For Appellees:
  
• Peter D. Keisler, Assistant Attorney General, Carol C. Lam, United States Attorney, Robert S. Greenspan, Attorney, and Lowell V. Sturgill, Jr., Attorney (argued), for the defendant-appellee.