(Download) "Mills v. Tucker" by United States Court of Appeals for the Ninth Circuit ~ eBook PDF Kindle ePub Free
eBook details
- Title: Mills v. Tucker
- Author : United States Court of Appeals for the Ninth Circuit
- Release Date : January 10, 1974
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
Griffith Mills was killed in a 1969 traffic accident which occurred on West Loch Access Road on Oahu, Hawaii, a roadway maintained by the United States Navy and adjacent to the West Loch Naval Ammunition Depot. Mills, who was a petty officer in the Navy stationed at Hickam Air Force Base, was riding his motorcycle when he was struck head-on by a car driven by Robert Tucker, which was attempting to pass another automobile. Mills' widow, children and personal representative sued Tucker, the Government for negligently maintaining the road, and Accessory Distributors, the distributor of the helmet Mills was wearing, alleging the helmet was defective and contributed to the severity of the head injuries that caused Mills' death. After a non-jury trial, the district court found both Tucker and the Government liable and apportioned damages of $153,149.91 between them. Accessory Distributors, however, was held not to be liable. The Government has appealed contesting its liability, while the plaintiffs have appealed contending that the damages awarded were inadequate and that it was error to hold the helmet distributor harmless. We affirm. The Feres Doctrine The Government urges that it was immune under the doctrine of Feres v. United States, 340 U.S. 135, 95 L. Ed. 152, 71 S. Ct. 153 (1950). There, the Court held that the Government is not liable under the Tort Claim Act, 28 U.S.C. §§ 1346(b), 2674, to a military serviceman ""where the injuries arise out of or are in the course of activity incident to service."" Id. at 146.