Torts Keyed to Goldberg
Taber v. Maine
On April 13, 1985, Robert Maine, a Navy serviceman stationed in Guam,completed a 24-hour shift and was free to do whatever he wanted to do, including traveling off base. Maine spent the majority of his time drinking with fellow service members at several locations on base. Maine appeared to be drunk when he returned to his barracks at approximately 11:00 p.m. About half an hour later, he chose to drive off the base to get something to eat. While driving, Maine crashed into a vehicle in which Scott Taber was inside of, causing Taber severe injury. Taber was also a Navy construction worker who was off that day. Taber brought suit against Maine and the United States under the Federal Tort Claims Act and, regarding the government, liability under the theory of respond eat superior. The government motioned for summary judgment, which the court granted on the ground that respond eat superior did not apply because Maine’s misconduct did not take place in the line of duty. Following a bench trial, Maine was found liable for negligence. Taber appealed.
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