Basically, it was a tough, tough gig. And when six civilian drivers were killed in an incident six years ago,
they their survivors sued in federal court in Houston.
A judge initially dismissed the case, but now, the Houston Chronicle reports, he has reinstated it.
District Judge Gray Miller had ruled that the decision to send the doomed convoy forward was the Army's and not KBR, but after an appellate court remanded the case he changed his mind after seeing some internal company e-mails.
"You, your team or any individual (as you have previously indicated to everyone in theater), have the right to say no to anything that is unsafe or where security is not available," a KBR exec said in one e-mail before the incident.
KBR issued a statement on Miller's ruling:
"KBR remains mindful of the tragic circumstances of this case. However, our position remains that the federal courts are not the appropriate forum for these issues to be resolved. KBR's actions regarding the convoys were based on instruction by the Army and with reliance that the convoys would be protected by the Army. Further, it is not appropriate for federal courts to essentially second-guess the military which is in the position daily of making decisions in the dangerous, unpredictable environment of a war zone."
Trial is set to begin in May.
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