Inez D. Bankston v. United States

RONEY, Circuit Judge:

Plaintiff seeks recovery under the Federal Tort Claims Act, 28 U.S.C.A. § 1346(b) et seq., for the wrongful death of her son as the result of alleged medical malpractice by the staff of a United States Public Health Service Hospital. The District Court granted the Government’s motion for summary judgment on the ground that the Government is not liable under the Tort Claims Act for injuries to servicemen when the injuries arise out of or are in the course of activity incident to military service, on the authority of Feres v. United States, 340 U.S. 135, 71 S.Ct. 153, 95…