KIM CALANTROPO - (Courthouse News) – RICHMOND, Va. – October 10, 2011 – A Marine who was electrocuted while trying to install a wiring box at the military base near Fallujah, Iraq, cannot pursue negligence claims against defense contractor Kellogg Brown & Root, the 4th Circuit ruled.
Peter Taylor had sought relief from the appellate court after a federal judge dismissed the claim in April 2010. Senior U.S. District Judge Robert Doumar had agreed with KBR that Taylor lacked subject-matter jurisdiction since the political question doctrine bars negligence claims. Doumar also found that the “combat activities” exemption of the Federal Tort Claims Act pre-empts the suit.
The 4th Circuit declined to revive Taylor’s claim, but it did vacate the trial court’s finding about the pre-emption issue since the lack of jurisdiction removes the judges need to consider this aspect of the case.
Taylor, a hospital corpsman for the Marines, had been stationed at a camp about 15 miles outside Fallujah at the time of the July 2007 accident. A generator malfunction had incapacitated the tank ramp that troops used to maintain Marine tanks, Humvees and other vehicles.





















