Legal Opinion
Shearer, Louise, Ind. And as Administratrix of the Estate of Shearer, Vernon, Deceased v. United States of America C/o Peter F. Vaira, U.S. Attorney
Court of Appeals for the Third Circuit
Decided March 7, 1984No. 83-1089PublishedCited by 47 opinions
1Opinion of the Court
OPINION OF THE COURT
A. LEON HIGGINBOTHAM, Jr., Circuit Judge.
Once again, we are' asked to decide the rights of a serviceman who, while on autho*1104rized leave and off base, suffered a fatal injury because of, inter alia, the alleged negligence of persons within the command hierarchy of the United States Army (“Army”). We are confronted with the traditional defenses of the Feres1 doctrine and a claim of the inapplicability of the Federal Tort Claims Act.
Plaintiff-appellant Louise Shearer brought this action against defendant-appellee, the United States, under the Federal Torts Claim Act (“FTCA”),…
2Cases cited15 opinions
- Feres v. United StatesSupreme Court of the United States · 1950
- United States v. BrownSupreme Court of the United States · 1954
- Stencel Aero Engineering Corp. v. United StatesSupreme Court of the United States · 1977
- Brooks v. United StatesSupreme Court of the United States · 1949
- Ronald Gibson v. United StatesCourt of Appeals for the Third Circuit · 1972
10 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- United States v. ShearerSupreme Court of the United States · 1985
- Doe v. DurtschiIdaho Supreme Court · 1986
- Melissa Johnson, an Infant by Barbara Johnson, Her Mother and Natural Guardian and Barbara Johnson, Individually v. United StatesCourt of Appeals for the Second Circuit · 1986
- Mrs. Verdie Mae Franklin Verdie Mae Franklin, Administratrix of the Estate of Lonnie B. Franklin v. United StatesCourt of Appeals for the Tenth Circuit · 1993
- Garcia v. United StatesCourt of Appeals for the Fifth Circuit · 1985
42 more not listed; retrieve them via the Exa API.