Jones v. Littlejohn

Blackburn, Judge.

Upon our grant of his application for interlocutory appeal, Roger Jones appealed the trial court’s denial of his motion for summary judgment. Jones, defendant in the underlying action for damages arising from a two-car collision, contends that both he and Richard Littlejohn, plaintiff, were on active duty in the military at the time of the collision and, therefore, the doctrine of intra-military immunity bars Littlejohn’s complaint.

1. We are initially concerned with the jurisdictional implications raised by the Federal Tort Claims Act (FTCA). Specifically, 28 USC § 2679 (c)…