Liability: No One to Sue

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In 1962, a drunken U.S. sailor made off with a mail truck in Naples and hit eight cars. In the process, he injured several Italians and a New Jersey tourist named Shirley Shapiro, who still has only partial use of her legs. After a Navy court-martial, the sailor went to prison for ten months. As far as the Italians were concerned, the U.S. Government was prepared to consider their claims for damages. But Mrs. Shapiro was unable to collect a dollar, much less a lira.

In effect, there was no one for her to sue. Italy is one of the 67 countries in which U.S. servicemen are governed by a Status of Forces Agreement (SOFA). Typically, U.S. officials retain jurisdiction over all persons subject to military law whenever their offenses are committed while performing their duty or against another American stationed in that country. The host country has jurisdiction over all other cases, but usually waives it even for serious offenses. Although SOFA provides U.S. tort liability when servicemen are on duty abroad, the .U.S. sailor who hit Mrs. Shapiro was off duty; although she could have sued the sailor personally, he was too poor to make it worthwhile. All of which left Mrs. Shapiro with no chance of adequate recovery.

Now her lawyers have just produced the only remedy: a private bill enacted by Congress and signed by the President. The bill awards Mrs. Shapiro $120,000—and applies only to her. In similar circumstances, another tourist will have to repeat the whole process.