Is the location of the negligent act where the injured service member was injured a factor in determining whether he would be able to recover?

MultiRegion, United States of America

The following excerpt is from Johnson v. U.S., 704 F.2d 1431 (9th Cir. 1983):

The location of the negligent act is undoubtedly an important indicator of the status of the injured service member. See generally Monaco v. United States, 661 F.2d 129, 132-33 (9th Cir.1981) ("the proper focus in applying the Feres doctrine is not the time of injury, but the time of the negligent act."), cert. denied, 456 U.S. 989, 102 S.Ct. 2269, 73 L.Ed.2d 1284 (1982); Veillette v. United States, 615 F.2d at 507.

Here the place on the base where the negligent act was found by the trial court to have occurred must be distinguished from the place where the accident occurred. Some courts have held that the situs of the negligence is dispositive: if a member of the armed forces is injured by a negligent act occurring on base, Feres is automatically triggered and recovery is barred. See discussion in Troglia v. United States, 602

Page 1437

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