Torts
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Authors
Franco, Adolfo A.
Issue Date
1982
Volume
15
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|In Miller v. United States the court confronted the question of whether non-service related work by a serviceman after completing his regular military duties was "incidental to service." Activities deemed incidental to service have been construed to be excluded from recovery under the FTCA. The court held that because the serviceman remained subject to military duty at all times, injuries which occur while on active duty are incidental to service, and therefore excluded from the FTCA. This section will examine the background of the servicemen exception under the FTCA, and its application in the Eighth Circuit. An examination of the development of this limitation on recovery by servicemen and the impact of Miller reveals the need for change in this area....
Description
Citation
15 Creighton L. Rev. 1065 (1981-1982)
Publisher
Creighton University School of Law