Taber v. Maine

67 F.3d 1029 (2nd Cir. 1995)

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Nature of the Case

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Facts

Maine (D) a Navy serviceman on active duty went on liberty. D was free to leave the base as he pleased and travel up to 50 miles away. He could also be recalled for duty at any time. D got drunk with his friends. D purchased two six-packs of beer at the base PX. At dinnertime, D accompanied friends to the enlisted men's club, where he consumed two cocktails with his meal. After dinner, he attended a barracks party in the room of a superior officer, with several other superior officers present. There, D drank three or four more beers and -- when he left to return to his own barracks at about 11:00 p.m. -- friends noticed that he seemed to be drunk. At around 11:30 p.m., D had difficulty sleeping and decided to drive off base to get something to eat. Feeling tired, he aborted his snack mission and tried to return to base. On the way back, he caused the accident that injured (P). Taber was an enlisted Seabee who was also on leave who eventually decided to go to his girlfriend's house. While they were driving on the public roadway D crashed into them, injuring P severely. P sued under the FTCA naming both D and the United States Government (D) as defendants. D first claimed the government was liable on a theory of respondeat superior. The government eventually argued that the doctrine established by Feres v. United States barred P's claims. The court granted the United States summary judgment. D was found liable for negligence and the court P's damages at $ 300,000. P appealed. P argues that: (1) the district court erred in failing to apply the doctrine of respondeat superior to D's drunk driving; and (2) the Feres doctrine does not bar this claim.