An American soldier that died in 2008 by electrocution in a shower in an Iraqi army base, due to an improperly grounded water pump, is the subject of a wrongful death lawsuit filed against the American contractor they claim is legally responsible, as reported by the Washington Post.
A federal appeals court revived the lawsuit recently from its previous dismissal a year ago.
Due to bad electrical work in the barracks showers, the family of Staff Sgt. R.M. has named the company that was contracted to maintain the showers, Houston-based Brown & Root Services, KBR, as the defendant.
The shoddy work is alleged to be commonplace in Iraqi-built structures that have since been taken over and controlled by the U.S. military.
One year ago U.S. District Judge N.B.G. dismissed the lawsuit. She had determined that "As a contractor, KBR had no authority to order military personnel to do anything, including to direct soldiers where to live or shower" and that R.M. died because of a decision made by the military. The judge further stated that the court, because of her ruling, has no authority in the case due to the constitutional separation of powers.
However, in the new ruling, the 3rd U.S. Circuit Court of Appeals' three-judge-panel said that the contractor had "significant discretion" over how to apply the military's orders. The second-guessing of the military, and the separation of powers, is not involved.
Instead, the lawsuit can proceed directly against KBR and their work in Iraq.
The panel found, "Military control over KBR's relevant activities therefore does not introduce an unreviewable military decision into the case."
It is speculated that KBR may appeal the new ruling and ask the entire appeals court to re-hear the case. It is also speculated that KBR could try their luck with the U.S. Supreme Court, and ask that the ruling be overturned.
According to William Stickman, the attorney representing R.M.'s mother, if neither appeal scenario is effective, the new ruling will cause the case to be returned to Judge N.B.F. for trial – unless settled before then. Stickman commented, "We will finally have our day in court for (R.M.) We're just very pleased."
KBR spokesman, John Elolf, said that the company is displeased with the court's recent findings and is reviewing what steps to take. Elolf believes that the original dismissal should have been upheld. Furthermore, according to Elolf, KBR worked under the discretion of the military.
When the military decided to use the abandoned Iraqi building it had been looted and had "no electrical power, electrical components, internal plumbing, doors or windows." Judge N.B.F. had written that during the military's renovation, local contractors were hired to do the work – and that it was subpar to American building standards.
However, Stickman argued that KBR signed off on the work orders that were for repairing the electrical wiring problems. If the work had been done right, according to Stickman, R.M. would not have been electrocuted to death.
Judge N.B.F. had found that KBR was only tasked with maintaining and not improving the "existing electrical systems."
Death due to the actions – or inactions – of another party, is grounds for a wrongful death lawsuit. Click here for our directory to contact a personal injury lawyer and discuss your case.