Jacob W. Knoch and William Larry Knoch, a Minor, by Jacob W. Knoch, His Guardian Ad Litem v. United States

Jacob W. Knoch and William Larry Knoch, a minor, by Jacob W. Knoch, his guardian ad litem, appellants herein, filed an action in the United States District Court for the Northern District of California, seeking damages under the Federal Tort Claims Act, 28 U.S.C. §§ 1346 (b), 2671, et seq., for injuries sustained by appellant William Larry Knoch resulting from the alleged malpractice of a Navy doctor. The district court found that the doctor had been guilty of malpractice which proximately caused injury to William Larry Knoch, but awarded judgment in favor of the United States of America, appellee herein, on the ground that appellants were not eligible for relief under the Tort Claims Act, because of William Larry Knoch’s military status at the time of his injury. A timely appeal from the judgment of the district court was filed, and we have jurisdiction under the provisions of 28 U.S.C. § 1291 .

William Larry Knoch enlisted in the United States Naval Reserve on June 12, 1956, for a period of six years. Under the terms of his enlistment he was obligated to spend two years on active duty with the Navy, three years in the ready reserve, during which time he was required to attend…