Legal Question in Federal Tort Claims in Ohio

Military law suit

Since an actived duty military member can not sue the military, can theri spouce sue?

We have had several bad miltary moves and our furniture has been destroyed time after time. The Coast Guard drags out the claim over a log period of time (currently 9 months) and then they only give you a depreciated value to replace items.

Asked on 4/01/04, 4:31 am

1 Answer from Attorneys

Robert Guehl Guehl Law Offices

Re: Military law suit

The Federal Tort Claims Act is limited in what you can claim. The general import is that if there is a federal benefit that you are entitled to, you cannot otherwise sue. In the case of property damage, you obviously have the claims process, and that is not a "personal injury" in the sense of a physical injury to the person. When dealing with the Federal government, "delay" is not a compensable injury.

My sympathies.

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Answered on 4/01/04, 9:44 am

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