Contractor Lawsuit Against Fluor to Continue

A South Carolina federal court is allowing a lawsuit to proceed against Fluor over a 2016 suicide attack at Bagram Airfield, Afghanistan, that killed or injured nearly two dozen people.

Texas-based Fluor Corp., which the military hired to provide services like construction and security at bases throughout Afghanistan, was seeking dismissal of the suit. A judge ruled for the 13 plaintiffs, who allege that Fluor was negligent.

“Fluor’s responsibility included monitoring and supervising its employees and subcontractors. Fluor utterly failed in this regard, allowing this terrible tragedy,” attorney Tony Buzbee, whose firm is lead counsel for the plaintiffs, said in a statement Friday.

The ruling means the consolidated cases can now be tried before a jury. The plaintiffs have yet to quantify their damages, Buzbee told Stars and Stripes.

The company argued that a trial could expose sensitive military information. It also contended that South Carolina is an improper forum for the complaints, as none of the plaintiffs are from that state.

However Judge Joseph Dawson III of the U.S. District Court in Greenville ruled that the company’s contracted work was administered in South Carolina, albeit remotely.

Ahmed Nayeb, an Afghan who, according to court documents, worked for Fluor subcontractor Alliance Project Services, Inc., blew himself up Nov. 12, 2016, ahead of a Veterans Day run at Bagram Airfield.

The attack killed five people, in addition to Nayeb, and injured 17 others. Three American service members were among the dead.

Nayeb’s shift had ended, and he was not supposed to have been on base then, according to court documents.

A 2016 Army investigation found that Fluor had not properly supervised Nayeb and had “negligently entrusted” him with tools he used to make a bomb vest, even though he didn’t need those tools for his job.

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