SAVANNAH, Ga., June 10, 2025 (Ecnetnews.com)
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Bowen Painter Injury Lawyers is proud to be among the firms representing U.S. Army Specialist Winston Hencely in a case that the Supreme Court has agreed to review during its upcoming term. This is a notable development, as the Court receives approximately 7,000 petitions for certiorari each year and grants review in only about 1% of cases.
The case, Hencely v. Fluor Corporation, stems from a 2016 suicide bombing in Afghanistan and centers on the legal responsibilities of government contractors operating in combat zones.
Background of the Case
On November 12, 2016, an Afghan national detonated a bomb at Bagram Airfield in Afghanistan, resulting in six deaths and 17 injuries. Army Specialist Hencely was among those harmed in the attack, suffering severe neurological injuries.
The bomber had been hired by a subcontractor of Fluor Corporation, a U.S. defense contractor operating at the base. He used tools and materials from Fluor’s jobsite to construct the explosive device and was left unsupervised, violating the company’s obligations to the Department of Defense. He wandered to an area where service members had gathered for a Veterans Day 5k event, where he detonated the bomb.
Legal Arguments and Case History
Hencely filed suit in federal court in South Carolina, alleging that Fluor negligently failed to supervise its subcontractor employee. The case was dismissed by the district court under the Federal Tort Claims Act’s “combatant-activities exception,” and that ruling was later upheld by the U.S. Court of Appeals for the Fourth Circuit.
In February 2025, Hencely petitioned the Supreme Court for review. The petition argues that applying the combatant-activities exception to preempt state-law claims against government contractors conflicts with the text of the FTCA. The case also highlights a split among federal circuit courts on how this exception should be applied.
What Comes Next
Oral arguments are expected during the Court’s next term. A ruling in Hencely v. Fluor Corporation could clarify the scope of contractor immunity and shape future litigation involving defense contractors in conflict zones.
“This is about ensuring that corporations operating under military contracts comply with those contracts and with the law,” said Paul Painter, III of Bowen Painter, co-counsel on the case. “We look forward to presenting our arguments before the highest court in the land.”
“For decades, private contractors have used the Supreme Court’s decision in Boyle as a shield when they injure people, like Winston, while evading accountability,” said Stephen D. Morrison, III, from Bowen Painter.
Bowen Painter Injury Lawyers will continue to advocate for justice for those harmed by negligence, including U.S. veterans.
The Supreme Court’s decision to hear the case reflects the seriousness of the legal questions involved and the potential impact on the rights of injured service members.
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Website: https://bowenpainter.com/savannah-personal-injury-lawyer/
Source: Bowen Painter Injury Lawyers
