Cheryl Harris with her son Staff Sgt. Ryan Maseth. Ryan, 24, was electrocuted in his shower in Iraq on Jan. 2, 2008.
For those who are not aware, the electrocution death of SSG Ryan Maseth is what ignited the fire and got me started blogging about KBR and defense contractors in the Middle East. I published my first post about KBR and their virtually non-existent electrical program in Iraq on June 2, 2008 after watching a gut wrenching CNN special about Cheryl Harris and the electrocution death of her son SSG Ryan Maseth. Since that first post, there have been several Congressional hearings on electrical deficiencies in Iraq, licensing requirement for electricians were implemented and wages for qualified electricians were raised. Task Force SAFE was established and virtually every building in Iraq has been electrically inspected and repairs to KBR’s electrical deficiencies have been made. Of course KBR got paid to fix their own screw ups, but the end result is safer facilities for our troops and civilians. All thanks to Cheryl Harris and her true “unwavering commitment” to the safety of our troops and civilians.
(edited to add a link to the second AP article)
This case has been sitting in the 3rd Circuit Court of Appeals since last year. It has been an agonizingly long process of hearings and appeals by KBR. I am pleased to say that all of KBR’s legal maneuvering did not achieve their goal of getting this case dismissed. KBR has lost what I believe is their final appeal in the 3rd Circuit Court of Appeals and must now explain in a court room how the electrocution death of SSG Ryan Maseth is not their fault!! I’d like to see how they are going to do that. I’m not an attorney so if I’m mistaken please me know!
Below are two brief news articles. Naturally I will keep you all posted as this process continues. And as always, if you have any information regarding the electrocution death of SSG Ryan Maseth, who was electrocuted in his shower on January 2, 2008 at Radwaniyah Palace Complex (RPC) please contact me or Cheryl Harris’ attorney Pat Cavanaugh.
For the decision of Judge Smith of the 3rd Circuit Court of Appeals click HERE
All I can say is WOO HOO!!
Ms Sparky
Staff Sgt. Ryan Maseth
Appeal in Pa. soldier’s electrocution is rejected
An appeals court has refused to dismiss a lawsuit brought by the parents of a Pittsburgh-area soldier electrocuted in an Army barracks shower in Iraq.
Houston-based military contractor KBR Inc. appealed last year after a federal judge refused its request to dismiss the lawsuit. KBR had argued the judge had no jurisdiction over military matters.
KBR claims it wasn’t responsible for Staff Sgt. Ryan Maseth’s death in January 2008, when it was tasked with maintaining the barracks. Army investigators have determined a water pump shorted out and electrified water flowing into the soldier’s shower.
Tuesday’s 3rd U.S. Circuit Court of Appeals ruling means the case will be sent back to U.S. District Judge Nora Berry Fischer for more pretrial proceedings.
The lawsuit seeks unspecified damages. (click HERE for the original article)
Appeals court rejects KBR appeal to dismiss suit in Maseth electrocution
By The Associated Press
Tuesday, August 17, 2010
Last updated: 3:37 pm
A federal appeals court ruled Tuesday that a wrongful death case against a Houston-based defense contractor should continue for now.
Cheryl Harris of Cranberry (PA) is suing KBR Inc. over the death of her son, Army Staff Sgt. Ryan Maseth. Maseth was electrocuted Jan. 2, 2008, while taking a shower at the Radwaniyah Palace Complex in Baghdad. A 2009 Defense Department report concluded that KBR improperly installed the water pump that shorted out and killed Maseth.
The company denies responsibility for Maseth’s death. U.S. District Judge Nora Barry Fischer in March 2009 rejected KBR’s motion to dismiss the case. The company appealed her decision to the 3rd U.S. Circuit Court of Appeals.
A three-judge panel supported Fischer’s ruling that both sides should have more time to develop their evidence before she decides whether the case should proceed to trial. (click HERE for the original article)
Other Related Posts From Ms Sparky
- KBR wants the Ryan Maseth wrongful death lawsuit to be heard in Iraqi court? I’ll bet they do!
- 3rd anniversary of the electrocution death of SSG Ryan Maseth
- Second company sued in SSG Ryan Maseth electrocution death
- DOD IG Report on the Electrocution Death of SSG Ryan Maseth
- DoDIG Blames KBR Failures for SSG Ryan Maseth’s Death
Good, hold KBR accountable. But when is someone going to hold the true check and balance accountable – DCMA.
They sign off on every project before it gets billed to the Government.
Until DCMA is standing in front of a judge, they will not see the “need” to get qualified Quality Assurance Representatives that do all the tests that would be done in the States before a sign-off.
U.S. Governments reasons for DCMA
http://www.allgov.com/agency/Defense_Contract_Management_Agency
One of the Department of Defense’s (DoD) most important offices, the Defense Contract Management Agency (DCMA) oversees the purchase of billions of dollars in goods and services for the American military. From combat boots to sophisticated aircraft, DCMA manages hundreds of thousands of contracts that have a collective value of $1.812 trillion.
DCMA was created to help end decades of waste in Pentagon procurement, but yearly investigations by government watchdog agencies continue to turn up serious problems in DoD’s military spending.
The Defense Contract Management Agency (DCMA) is an independent agency within DoD that supervises and administers billions of dollars in contracts for the department.
DCMA oversees the delivery of goods and services to the military from thousands of companies. According to DCMA, the agency is responsible for 321,270 active contracts at a face value of $1.812 trillion which provide the military with such things as aircraft, space launch vehicles and spacecraft, medical supplies, electronic equipment, military vehicles, munitions, petroleum, chemicals and lumber.
Ok, DCMA can oversee the electrical system on a Space Launch Vehicles, Spacecraft, but they cannot oversee KBRs electrical work to prevent the electrocutions of soldiers using showers. Look to these Directors as being responsible if an electrocution took place on their watch.
DCMA Directors
3rd DCMA Director Maj. Gen. Darryl A. Scott Dec. 5, 2003-Nov 2005 (IG complaint June 2005)
4th DCMA Director Keith Ernst January 2006 through April 2008
5th DCMA Director Mr. Charlie Williams Jr. May 4, 2008 – current
Is this enough to oversee KBR and all the other DoD Contracts world-wide with all the bases and Forward Operating bases ?
Agency Data
Categories 03/31/10 06/30/10
Number of Civilians 10,334 10,532
Number of Military 525 528
Congratulations Ms. Harris on your victory. May there be Justice4all
I love Cheryl Harris!!! We hung out in DC and have worked together on a couple of key legislative issues….This gives families hope for change…
Thanks for posting this one!!!
I added a link to the post to Judge Smith’s decision. It’s also here.
http://www.leagle.com/unsecure/page.htm?shortname=infco20100817106
The courts should supeana the KBR work tickets to see who signed off on them IF the “electrician” had a license, it should be revoked for life. If that said person allowed work like that to be performed on in Iraq, I would be afraid of what he could have done in the States.
I either read it in the Level III CAR or the DODIG report, I can’t remember exactly but if I recall correctly two Filipino workers replace this pump. If I’m not mistaken they were plumbers. But either way they were not licensed and trained to US standards.