Defense Base Act Compensation Blog

The Modern Day DBA Casualty

Posts Tagged ‘Killed’

Halliburton, KBR win appeal of Fisher vs Halliburton on Exclusive Remedy Clause of Defense Base Act

Posted by defensebaseactcomp on January 12, 2012

The Defense Base Act’s Exclusive Remedy “A License to Kill”

The Exclusive Remedy was intended to be trade off to keep injured contractors from having litigate with their employers when they are injured.  As it turns out the employers are off the hook and the injured contractors fight for years for medical care and lost wages from private insurance companies, AIG, CNA, ACE

AIG has fought the survivors and families of those killed like they were common criminals for the death, medical, and lost wages that were to be provided “forthwith”.

And don’t think something like couldn’t happen to you, your only one bomb or one sniper away.

Bloomberg  January 12, 2012

KBR Inc. (KBR) and its former corporate parent, Halliburton Co. (HAL), won’t face a jury on claims they sent unarmed civilian convoy drivers into an Iraqi battle zone in 2004, knowing the workers would be injured or killed, an appeals court ruled.

The U.S. Court of Appeals in New Orleans today ruled the drivers’ claims were blocked by the Defense Base Act, a U.S. law that shields military contractors from lawsuits. The drivers were attacked and injured because of their role in support operations for the U.S. Army, which is covered under that statute, the judges said.

“Coverage of an injury under the DBA precludes an employee from recovering from his employer,” even if the worker claims the company was “substantially certain” the injuries would occur, U.S. Circuit Judge Priscilla R. Owen said in a 30-page ruling by the panel.

KBR, a Houston-based government contractor, was sued in 2005 by the families of seven drivers killed while working inIraq for the largest U.S. military contractor. The company appealed a 2010 lower-court ruling that jurors could weigh the companies’ actions without second-guessing the actions of the Army.

Unarmed Civilians

U.S. District Judge Gray Miller, who presided over the case in Houston federal court, refused to dismiss Halliburton, which spun off KBR as a separate company in 2007. Miller had also ruled that the companies couldn’t name the military as a co-defendant in the lawsuits, so the Army wasn’t required to defend its actions.

The drivers and their families claimed KBR officials fraudulently recruited workers for safe jobs in Iraq and intentionally sent unarmed civilians into a recognized combat zone in April 2004. KBR’s military-supply contract gave company officials the right to refuse assignments deemed too dangerous for civilians, according to the complaints.

KBR and Halliburton argued that they weren’t liable because they couldn’t refuse Army orders to dispatch the fuel convoys under terms of their multibillion-dollar supply contract with the U.S. military. The convoys were attacked at a time when Iraqi insurgents were escalating the fight against U.S. troops that had taken over the country to oust dictator Saddam Hussein.

The case is Fisher v. Halliburton, 10-20202, U.S. Court of Appeals, Fifth Circuit (New Orleans).

Posted in AIG and CNA, Civilian Contractors, Contractor Casualties and Missing, Defense Base Act, Defense Base Act Insurance, Exclusive Remedy, Follow the Money, Injured Contractors, Iraq, KBR, Political Watch | Tagged: , , , , , , , , , | 1 Comment »

US Engineer, James W “Will” Coker, remains found in Afghanistan

Posted by defensebaseactcomp on September 6, 2011

Kidnapped Army Corps worker killed in Afghanistan

Washington DC Channel 13 WVEC   September 7, 2011 8pm

A man who worked for the US Army Corps of Engineers in Norfolk was killed in Afghanistan.

James W. Coker, 59, of Mount Pleasant, S.C., was pronounced dead Sept. 5 in Kabul, Afghanistan, while on temporary assignment with the U.S. Army Corps of Engineers. Coker worked for Naval Facilities Engineering Command Atlantic in Norfolk.

The circumstances surrounding Coker’s death are under investigation.

According to the Associated Press, Coker was a civilian working with the U.S. Army Corps of Engineers when he was kidnapped from his Afghanistan power plant and strangled to death.

Carrie Hughes, Coker’s daughter, told The Associated Press that military officers came to her house near Charleston, South Carolina on Monday to inform her that her father had been killed.

It was not known who killed the Coker or under what circumstances he was abducted. Also Tuesday, the bodies of two Germans who had apparently been murdered were retrieved from a remote location. Neither area is known to be a hotbed of militant activity

CBS News  September 6, 2011

An Afghan military official tells CBS News that the body of a U.S. national was found beheaded on Monday in eastern Kabul, days after a civilian engineer went missing in the capital city.

Intelligence sources in Afghanistan told the Reuters news agency the body was that of the missing American civilian, and the international military coalition confirmed that a U.S. engineer had been killed.

Special section: Afghanistan

The slain engineer was identified as James W. “Will” Coker by the U.S. Army Corps of Engineers, for which he worked in Kabul as a construction contractor.

Kidnappings and targeted killings of foreigners are common in Afghanistan, but less so in the sprawling capital city, which has seen less impact from the Taliban- and al Qaeda-led insurgency plaguing many parts of the nation.

Coker was reported missing on Monday, but sources tell CBS News he actually disappeared on Sept. 2

Please see the original here

Posted in Afghanistan, Civilian Contractors, Contractor Casualties and Missing | Tagged: , , , , , , , , , | 2 Comments »

KBR Truck Driver Johnny Smith dies from IED blast in Iraq

Posted by defensebaseactcomp on March 20, 2011

Contractor Killed in Iraq from MsSparky

March 20, 2011

Sadly, another truck driver has lost his life while supporting our troops. I don’t have a lot of information on this yet but was told truck driver Johnny “High Stepper” Smith died in Germany from injuries he received when the truck he was driving hit an Improvised Explosive Device (IED) in Iraq.

I was told Johnny worked out of Q-West and Mosul.

My heartfelt condolences go out to his family, friends and co-workers.

I will update this post with more information as I receive it.

Please see the original here

Posted in Civilian Contractors, Contractor Casualties and Missing, KBR | Tagged: , , , , , , , | Leave a Comment »

Shaun Sexton, UK Security Guard, Killed in Afghanistan Attack

Posted by defensebaseactcomp on July 5, 2010

A UK private security guard killed in a suicide attack in northern Afghanistan on Friday was a former British soldier.

Shaun Sexton, 29, from Ashington, Northumberland, died in an attack on offices of US consultancy Development Alternatives Inc (DAI) in Kunduz.

Mr Sexton’s employer, Edinburgh International (EI), said Mr Sexton had served as a platoon sergeant in 3rd Battalion The Parachute Regiment.

Three other security guards were killed in the assault.

All four men – Mr Sexton, two Afghans and a German – worked for DAI’s security sub-contractor EI.

A second Briton was seriously injured in the attack.

‘Heroes’

The Taliban claimed responsibility for the pre-dawn raid, which began at about 0330 local time on Friday when a suicide bomber blew up a car outside DAI’s compound in Kunduz.

At least five other militants wearing explosives vests ran inside the building and started a fierce gun battle that lasted several hours before they were killed.

The men who died were hailed as heroes for their attempts to defend the compound.

Washington DC-based DAI is contracted by the US Agency for International Development to improve governance and community development in Kunduz, which is largely patrolled by German troops.  Original Story here

Posted in Afghanistan, CIA, Civilian Contractors, Contractor Casualties and Missing, State Department | Tagged: , , , , , , , , | 15 Comments »

Contractor Killed in Insurgent Attack in Afghanistan Bryan Keith Farr

Posted by defensebaseactcomp on May 21, 2010

Contractor Bryan Keith Farr shot and killed in Afghanistan

Details forthcoming.

He was 22 yrs. old and went to work there because of the lack of employment here in the US. I’m deeply saddend for not just all of us that loved him but for everyone!! I spoke with him alot while he was there just as recently as 1 week ago. He called to tell me he would be home soon and he better see me !! He will be missed greatly

WE LOVE U Bryan Farr R.I.P.

http://afghanistan.blogs.cnn.com/2010/05/18/images-from-the-scene-of-the-afghan-suicide-attack/

Posted in Civilian Contractors, Contractor Casualties and Missing | Tagged: , , , , , , | 6 Comments »

 
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