196 F. Supp. 3d 375
E.D.N.Y2016Background
- On June 24, 2010, 82‑year‑old Rabbi William Kloner fell from a temporary, unenclosed main stage staircase at Snug Harbor during a U.S. Coast Guard (USCG) retirement ceremony and suffered catastrophic injuries; his wife brings derivative claims.
- The music hall was a private venue rented by the USCG under a contract that allowed Snug Harbor to control safety and prohibited alterations; Snug Harbor had historically allowed use of the main staircase without guardrails.
- The USCG assigned Ydania Matos as an informal escort for clergy; Matos escorted Rabbi Kloner up to the stage, showed him his seat, later escorted him down, then left him on the floor; the Rabbi later attempted to ascend the main staircase alone and fell into the orchestra pit.
- USCG personnel followed an Operational Risk Management (ORM) process requiring hazard assessment; Commander April conducted an ORM assessment before the ceremony.
- Plaintiffs allege the USCG (through its personnel and/or ORM processes) assumed a duty to protect Rabbi Kloner, breached that duty by directing or permitting him to use the dangerous unenclosed staircase rather than safer side stairways or providing assistance, and that breach caused his injuries.
- The United States moved for summary judgment under the FTCA asserting (1) jurisdictional bar under the Feres doctrine and (2) no duty/breach or causation because the Rabbi walked up the stairs without his escort.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction — Feres doctrine | Kloner was a civilian contractor, not a service member; Feres does not bar FTCA recovery. | Rabbi was acting in a military capacity (in uniform, performing services for USCG), so Feres bars suit. | Court: Feres does not bar jurisdiction; Kloner’s civilian contractor status and facts do not make the injury "incident to service." |
| Duty — assumed duty by escort (Matos) | Matos’s greeting, guiding to the stage, and escorting constituted an undertaking that placed Kloner in a more vulnerable position and gave rise to an assumed duty. | Matos did not direct Rabbi to use the main staircase or instruct him to proceed alone; no duty was assumed. | Court: Triable issue of fact exists whether Matos assumed a duty; summary judgment denied on duty. |
| Duty — assumed duty via ORM | ORM created an obligation to identify and mitigate risks at events. | Even with ORM, USCG did not have a duty to alter a privately owned venue or install guardrails. | Court: Declines to decide ORM issue because Matos issue already creates triable issue; USCG’s motion denied. |
| Causation / Breach | By directing/allowing use of unenclosed staircase and failing to provide assistance or safer alternate access, USCG breached its assumed duty which proximately caused the fall. | Rabbi’s decision to climb without Matos was a superseding act severing causation; installing guardrails was not permitted. | Court: Reasonable jury could find breach and proximate cause; summary judgment denied. |
Key Cases Cited
- Feres v. United States, 340 U.S. 135 (Supreme Court) (establishes FTCA exception for injuries incident to military service)
- Brooks v. United States, 337 U.S. 49 (Supreme Court) (distinguishes injuries while on furlough from those incident to service)
- Wake v. United States, 89 F.3d 53 (2d Cir. 1996) (sets non‑dispositive factors to determine whether injury is incident to service)
- Taber v. Maine, 67 F.3d 1029 (2d Cir. 1995) (discusses Feres rationales and scope)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (Supreme Court) (summary judgment / genuine issue standard)
- H.R. Moch Co. v. Rensselaer Water Co., 247 N.Y. 160 (N.Y. 1928) (classic statement of assumed‑duty/launching a force doctrine)
- Nallan v. Helmsley‑Spear, Inc., 50 N.Y.2d 507 (N.Y. 1980) (articulates reliance and assumption‑of‑duty principles under New York law)