Mariano v. U.S., No. 77-2634
| Court | United States Courts of Appeals. United States Court of Appeals (4th Circuit) |
| Writing for the Court | Before HAYNSWORTH, Chief Judge, and WIDENER and HALL; K. K. HALL |
| Citation | 605 F.2d 721 |
| Parties | Federico C. MARIANO, Appellant, v. UNITED STATES of America, Appellee. |
| Docket Number | No. 77-2634 |
| Decision Date | 05 September 1979 |
Page 721
v.
UNITED STATES of America, Appellee.
Fourth Circuit.
Decided Sept. 5, 1979.
Page 722
David P. L. Berry and John B. Gaidies, Norfolk, Va. (Anderson & Berry, Norfolk, Va., Rixey & Heilig, Norfolk, Va., on brief), for appellant.
Charles R. Dalton, Jr. and James A. Metcalfe, Seawell, McCoy, Dalton, Hughes, Gore & Timms, Norfolk, Va. (William B. Cummings, U. S. Atty., Alexandria, Va., on brief), for appellee.
Before HAYNSWORTH, Chief Judge, and WIDENER and HALL, Circuit Judges.
K. K. HALL, Circuit Judge:
Federico Mariano, a Chief Petty Officer at the Norfolk Naval Station, sought compensation under the Federal Tort Claims Act for injuries he sustained while working as night manager at the Tradewinds Club, a recreational facility maintained on the base by the government. Following a nonjury trial, the district court dismissed Mariano's complaint, ruling that his injury was incident to his military service and that recovery therefore was precluded. We affirm the judgment of the district court.
In Feres v. United States, 340 U.S. 135, 71 S.Ct. 153, 95 L.Ed. 152 (1950), the Supreme Court ruled that "the Government is not liable under the Federal Tort Claims Act for injuries to servicemen where the injuries arise out of or are in the course of activity incident to service." 340 U.S. at 146, 71 S.Ct. at 159. The Court denied recovery in each of the three cases consolidated in Feres, and stated that "(t)he common fact underlying the three cases is that each claimant, while on active duty and not on furlough, sustained injury due to negligence of others in the armed forces." 340 U.S. at 138, 71 S.Ct. at 155. This court has adopted that statement as the proper test of whether an injured serviceman's recovery under the Federal Tort Claims Act is barred, and has held that "an active-duty serviceman, temporarily in off-duty status and engaged in recreational activity on a military base, cannot sue the United States for the alleged negligence of another serviceman or civilian employee of the military." Hass v. United States, 518 F.2d 1138, 1142 (4th Cir. 1975).
At the time of his injury, Mariano was in an off-duty status from his command, on liberty but not on furlough. He was working as night manager at the Tradewinds Club, a recreational facility owned and operated by the United States to promote the well-being, morale and...
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Miller v. U.S., No. 79-1964
...Cir. 1966); Zoula v. United States, 217 F.2d 81 (5th Cir. 1954); Mariano v. United States, 444 F.Supp. 316 Page 485 (E.D.Va.1977), aff'd, 605 F.2d 721 (4th Cir. 1979). Theoretically, his off-duty time is not his own. But, this reasoning broadens the scope of the test needlessly, because alm......
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Johnson v. U.S., Nos. 81-3467
...the other cases that have concluded that activities in NCO clubs are incident to military service. In Mariano v. United States, 605 F.2d 721 (4th Cir.1979), for example, the plaintiff was employed during his off-duty hours as night manager of a Club. Plaintiff was injured while attempting t......
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Kessler v. United States, Civ. A. No. 80-2002-8.
...has been the source of an extensive body of decisional law, including a number of cases in this Circuit. E. g., Mariano v. United States, 605 F.2d 721 (4th Cir. 1979); Hass v. United States, 518 F.2d 1138 (4th Cir. 1975); Harten v. Coons, 502 F.2d 1363 (10th Cir. 1974), cert. denied, 420 U.......
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Hodge v. Dalton, No. 95-16036
...discipline for any violations of these rules, regulations, and guidelines." Bon, 802 F.2d at 1093. See also Mariano v. United States, 605 F.2d 721, 723 (4th Cir.1979) ("All military personnel, whether patrons or employees, were subject to discipline under the Uniform Code of Military Justic......
-
Miller v. U.S., No. 79-1964
...Cir. 1966); Zoula v. United States, 217 F.2d 81 (5th Cir. 1954); Mariano v. United States, 444 F.Supp. 316 Page 485 (E.D.Va.1977), aff'd, 605 F.2d 721 (4th Cir. 1979). Theoretically, his off-duty time is not his own. But, this reasoning broadens the scope of the test needlessly, because alm......
-
Johnson v. U.S., Nos. 81-3467
...the other cases that have concluded that activities in NCO clubs are incident to military service. In Mariano v. United States, 605 F.2d 721 (4th Cir.1979), for example, the plaintiff was employed during his off-duty hours as night manager of a Club. Plaintiff was injured while attempting t......
-
Kessler v. United States, Civ. A. No. 80-2002-8.
...has been the source of an extensive body of decisional law, including a number of cases in this Circuit. E. g., Mariano v. United States, 605 F.2d 721 (4th Cir. 1979); Hass v. United States, 518 F.2d 1138 (4th Cir. 1975); Harten v. Coons, 502 F.2d 1363 (10th Cir. 1974), cert. denied, 420 U.......
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Hodge v. Dalton, No. 95-16036
...discipline for any violations of these rules, regulations, and guidelines." Bon, 802 F.2d at 1093. See also Mariano v. United States, 605 F.2d 721, 723 (4th Cir.1979) ("All military personnel, whether patrons or employees, were subject to discipline under the Uniform Code of Military Justic......