Helvenston et al. v. Blackwater Security
Encyclopedia
Helvenston et al. v. Blackwater Security is the lawsuit for wrongful death filed by the families of the four contractors for Blackwater Security who were slain in the 31 March 2004 Fallujah ambush
. The families of the four slain contractors, led by Scott Helvenston
's mother Katy Helvenston-Wettengel and Donna Zovko, Jerry Zovko's mother, filed suit against Blackwater with lawyer Daniel Callahan on January 5, 2005. Blackwater countersued for $10 million in December 2006, claiming breach of the contract provisions which forbid any suit against the company. In January 2011, U.S. district judge James C. Fox dismissed the suit after no progress was made in court-ordered arbitration.
and Hospitality Company and Eurest Support Services
called for at least three men per vehicle on security missions "with a minimum of two armored vehicles to support ESS movements." In addition the contract called for a minimum of three-man teams in two vehicles (for a total of six men), with a heavily armed rear gunner, and time before any mission to review the route and conduct a risk assessment and pre-trip inspection. Blackwater signed a revised contract with Regency on March 12, 2004 that removed the word "armored".
The suit alleges that Blackwater trainer Justin "Shrek" McQuown resented Helvenston and deliberately reassigned Helvenston to the team that was ambushed. The suit further alleges that McQuown intervened and ordered only a four-man team be sent, although six were available, the other two remaining to perform clerical duties. The suit alleges that Blackwater repeatedly made decisions in order to save money that made the deaths of the contractors more likely. These alleged decisions include not buying armored vehicles to save $1.5 million and removing the employee, John Potter, who complained about that action; and violating the contract by not sending out a six-man team with two armored vehicles.
In December 2006, the families' attorney was sued for $10 million by Blackwater, who argues that the families had breached the security guards' contracts by suing the company for wrongful death.
The plaintiffs announced they would appeal the ruling.
31 March 2004 Fallujah ambush
On March 31, 2004 an ambush saw Iraqi insurgents in Fallujah attack a convoy containing four United States contractors from the private security company Blackwater USA, who were conducting delivery for food caterers ESS....
. The families of the four slain contractors, led by Scott Helvenston
Scott Helvenston
Stephen "Scott" Helvenston was a former United States Navy SEAL, and worked as a security contractor for Blackwater Security when he was killed in the 31 March 2004 Fallujah ambush within days of arriving in Iraq....
's mother Katy Helvenston-Wettengel and Donna Zovko, Jerry Zovko's mother, filed suit against Blackwater with lawyer Daniel Callahan on January 5, 2005. Blackwater countersued for $10 million in December 2006, claiming breach of the contract provisions which forbid any suit against the company. In January 2011, U.S. district judge James C. Fox dismissed the suit after no progress was made in court-ordered arbitration.
Facts
The Blackwater contract with Regency HotelRegency Hotel
Regency Hotel may refer to many hotels:* Regency Hotel , Colorado, USA*Regency Hotel , Tunisia...
and Hospitality Company and Eurest Support Services
Eurest Support Services
Eurest Support Services is a subsidiary of the catering company, Compass Group PLC specializing in harsh-environment large-scale food service and facilities management...
called for at least three men per vehicle on security missions "with a minimum of two armored vehicles to support ESS movements." In addition the contract called for a minimum of three-man teams in two vehicles (for a total of six men), with a heavily armed rear gunner, and time before any mission to review the route and conduct a risk assessment and pre-trip inspection. Blackwater signed a revised contract with Regency on March 12, 2004 that removed the word "armored".
The suit alleges that Blackwater trainer Justin "Shrek" McQuown resented Helvenston and deliberately reassigned Helvenston to the team that was ambushed. The suit further alleges that McQuown intervened and ordered only a four-man team be sent, although six were available, the other two remaining to perform clerical duties. The suit alleges that Blackwater repeatedly made decisions in order to save money that made the deaths of the contractors more likely. These alleged decisions include not buying armored vehicles to save $1.5 million and removing the employee, John Potter, who complained about that action; and violating the contract by not sending out a six-man team with two armored vehicles.
In December 2006, the families' attorney was sued for $10 million by Blackwater, who argues that the families had breached the security guards' contracts by suing the company for wrongful death.
Judgment
In January 2011, U.S. district judge James C. Fox dismissed the suit after no progress was made in court-ordered arbitration.The plaintiffs announced they would appeal the ruling.