Lawrence Randall McConnell Deborah Ellen McConnell Individually and as Surviving Parent of Joseph James McConnell Deceased v. United States

Opinion by Judge Callahan; Concurrence by Judge Gould

CALLAHAN, Circuit Judge.

The sole issue in this case is whether the Feres doctrine, which prohibits suit against the government for injuries that are incident to military service, bars appellants’ civil suit against the United States for the tragic death of their son, Lieutenant McConnell, in a waterskiing accident. We determine that under our precedent the facts that Lt. McConnell’s use of the boat was a benefit of his status as a service member and that the alleged negligence was subject to military orders and regulations compel us to…