Wheels of justice turning slowly in deadly KBR convoy case

Oops he lost his cap and lanyard

Judge permits convoy ambush trial, but delays it

By TOM FOWLER HOUSTON CHRONICLE – March 25, 2010
A federal judge ruled today that most of the lawsuits claiming Houston-based KBR should have stopped a deadly 2004 truck convoy in Iraq can move toward trial, but a May 24 trial date is off to allow KBR time to file an appeal.

The case centers on April 2004 attacks on a convoy of supply trucks KBR ran in Iraq, during which six civilian truck drivers were killed and 14 wounded.

The drivers caught in the ambush were delivering fuel under KBR’s multibillion-dollar contract to transport supplies, build bases, serve meals and provide other support services for American troops in the Middle East.

Plaintiffs in the Houston lawsuits — two injured workers and the family of one who was killed in the attack — allege that the company knew of the likelihood of the attacks in advance and had the authority to cancel the convoys.

U.S. District Judge Gray Miller previously dismissed the collection of lawsuits, saying the U.S. Army had control over KBR and thus KBR wasn’t responsible.

But an appellate court rejected his decision and sent the case back to him. Miller allowed parties to seek and admit further evidence, which included e-mails the plaintiffs say show KBR managers were aware of impending attacks and had the power to stop the supply convoys.

In February Miller ruled in favor of the drivers and their families on a number of issues. In today’s decision he ruled on a final issue, saying KBR failed to prove there was not enough evidence to show it didn’t expect that convoys on April 9, 2004 would come under attack.

He determined there was not sufficient evidence to make the same claim for convoys on April 8, 2004, however, and he dismissed the case related to that date.

KBR said in a statement it was pleased the court dismissed one of the cases “… and acknowledged that none of the tragic injuries and deaths that occurred were intentionally caused by KBR. While we are still reviewing the order, we look forward to the appeal which may terminate this litigation.”

Toby Cole, an attorney for Kevin Smith-Idol, a driver who was injured on April 8, said he plans to appeal the decision.

While giving a green flag for the other cases on one hand, the judge also issued a stay on the trial proceedings because he determined a particular aspect of the case is subject to an immediate appeal.

Tommy Fibich, an attorney for plaintiffs suing over April 9 attacks, said he’s pleased with the court’s rulings in their favor but disappointed the May trial date is off.

“Our clients have waiting six years for their day in court,” he said. “The time for appeal will give us more time to be prepare, but we would rather go to trial because we think the facts are on our side.”

Also this week the 5th U.S. Circuit Court of appeals denied an appeal by KBR and its former parent company, Halliburton, of a judge’s decision to allow another Iraq civilian convoy case to go to trial. The case involves a driver who was shot and killed by American soldiers as he returned to a U.S. base camp in a convoy truck in 2007. (Click HERE for original article) (Click HERE to read the court documents – sources say pages 31-35 is where it gets interesting)