Posted on 02/02/2005 10:18:28 AM PST by SmithL
PHILADELPHIA -- A judge dismissed a wrongful death lawsuit against the U.S. Navy that was filed by the family of a Naval Academy student who died in a fall from his dormitory window.
Midshipman John Paul Ruggiero, 20, of Gouldsboro tumbled 53 feet from a window at the academy in Annapolis, Md., following a night of off-campus drinking in August 2002.
Navy lawyers argued that the legal claim, filed by the midshipman's parents, is barred by a doctrine that protects the military from being sued over injuries to servicemen and servicewomen on active duty.
The rule was generally intended to prevent military commanders from being hauled into court for ordering troops into dangerous situations, and lawyers for the family have argued that it shouldn't apply to Ruggiero's death.
In his Jan. 20 ruling that dismissed the family's lawsuit, U.S. District Judge A. Richard Caputo wrote that Ruggiero "would not have fallen from his window ... had it not been incident to his status as a midshipman at the United States Naval Academy."
(Excerpt) Read more at sfgate.com ...
Only in America would someone suggest that behaviour from voluntarily consuming too much alcohol is someone else's fault.
Right decision.....wrong logic. Should have read..."would not have fallen from his window ... had it not been for being drunk off his a$$!!!"
I guess the new dormitory should not have any windows...
The USNA is in Maryland, not Virginia. The drinking age in Maryland is 21, and there is no exception for military personnel.
'Sovereign immunity' shouldn't apply to the American government because it isn't the government that's sovereign, it's the people.
Had a Middie die this way when I was at USNA, but could have been suicide. No lawsuits then.
Midshipmen are prohibited from drinking alcohol for a variety of circumstances/occassions.
Plebes of any age may not drink while on liberty.
Midshipmen under 21 may not drink - not on liberty, not on leave, etc.
Midshipmen over 21 can only drink while in liberty or leave status (except for Plebes ... see above.)
For example, my son (a Plebe at the Academy) reported that a First Class was just dismissed from the Academy because he was drinking on the day of the Notre Dam game - before being released on liberty. Drinking alcohol before being released was equivalent to drinking on duty. (Going to the game is an assigned duty ... DON'T DRINK!) That mid now faces either 2 years of enlisted service, or he pays back the cost of his 3 1/2 years of education.
So .. the mid who died was in violation of various rules, and was engaged in conduct after returning that was unsafe. Had he not fallen and died, he could have been expelled from the Academy had he be caught drunk. The Navy should have pointed out to the parents that if they had taught him to follow laws, he might have been sober enough not to kill himself.
No sympathy here for stupidity.
Mike
Yeah ... I can agree with you a litte.
I might feel sorry to the parents for loosing a child - something that is real tough ... but then, why did they have to try to sue the Navy. It's not like the Navy took the guy out on liberty, poured alcohol down his throat until he was blotto, then sent him on his way to try to get to bed safely.
I feel sorry for the guy's shipmates - tough on them. Maybe a few should feel guilty for going out with the guy and not taking care of him. Maybe a few will feel guilty that they didn't stop him from drinking . .. and they will have to live with the knowledge that they failed their friend and the Navy ... and the Academy. I just wish that there was a way of identifying those (if any) and administering suitable punishment.
Mike
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