Can a member of the armed services bring a tort claim under the Federal Tort Claims Act?
MultiRegion, United States of America
The following excerpt is from Winston v. United States, 305 F.2d 253 (2nd Cir. 1962):
Feres v. United States, 340 U.S. 135, 71 S.Ct. 153, 95 L.Ed. 152 (1950), which held that a member of the armed services could not bring an action under the Federal Tort Claims Act for injuries resulting from negligence of other military personnel, does not require that we reach any different conclusion from that to which a reading of the statute leads us. The decision in that case was rested chiefly on four considerations which we now proceed to examine in the light of the present case.
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