In a unanimous decision issued January 12, the Fifth Circuit Court of Appeals rejected a lawsuit brought against KBR Inc by the families of two civilian fuel transport drivers killed in a 2004 insurgent attack in Iraq.
The appeals court, which is based in New Orleans LA, ruled that the state court claims of the plaintiffs in the Fisher convoy case are barred by the exclusive workers compensation remedy provisions of the federal Defense Base Act (DBA). KBR officials say they believe this court decision should finally put to rest the long-running legal dispute in this litigation over the applicability of the DBA when contractor personnel are injured by enemy insurgents while providing overseas logistical support to US combat troops.
The lawsuit had accused KBR of negligence for failing to postpone fuel convoy operations due to safety concerns. The lawsuit contended that KBR knew the convoy would be attacked, but dispatched it anyway.
Insurgents attacked the convoy on April 9, 2004—the first anniversary of the US military presence in Baghdad—in what became known as the Good Friday Massacre. Six drivers were killed, 15 were wounded, and one was listed as missing.