NJ sailor’s death during training exercise raises questions of government’s liability

NJ sailor’s death gives rise to legal battle

GARFIELD, N.J. — A northern New Jersey woman has been awarded more than $1 million after her son was killed in a Navy training accident, but it’s not clear who’s going to pay up.

Freddie Porter Jr. died in 2007 when his inflatable craft hit a tugboat on Virginia’s James River.

A federal judge ruled the Navy was 80 percent liable for the accident because Porter and his crewmates weren’t properly trained.

Even though the tugboat company was only 20 percent liable, it was ordered to pay Garfield resident Cassita Massiah the entire $1.25 million under a law that protects the government from lawsuits filed by military personnel.

The tugboat company has appealed. If the decision is reversed, it could affect future lawsuits brought by servicemen and servicewomen.