Case Results

• Vuk Stevan Vujasinovic; Vujasinovic & Beckcom; Houston, TX, for surviving spouse, four adult children
• Brian A. Beckcom; Vujasinovic & Beckcom; Houston, TX, for surviving spouse, four adult children
• Kim Roam; Cochran, Oswald & Roam LLC; Blue Spring, MO, for four adult children, surviving spouse
• John Schwambach; John Stevenson & Assoc.; Houston, TX, for four adult children, surviving spouse

• John Krusz Ph.D., M.D.; Pharmacology; Dallas, TX called by: Vuk Vujasinovic, Brian Beckcom
• Kenneth McCoin Ph.D., CFA; Economics; Houston, TX called by: Vuk Vujasinovic, Brian Beckcom
• John Currie ACFE; International Security; Oklahoma City, OK called by: Vuk Vujasinovic, Brian Beckcom
• Vincent DiMaio M.D.; Forensic Pathology; San Antonio, TX called by: Vuk Vujasinovic, Brian Beckcom

• Jason Rother; Fulbright & Jaworski; Houston, TX, for drilling contractor
• Nick Morrow; Fulbright & Jaworski; Houston, TX, for drilling contractor
• Rachel Giesber Clingman; Fulbright & Jaworski; Houston, TX, for drilling contractor
• Steve Roberts; Fulbright & Jaworski; Houston, TX, for drilling contractor

• Robert Palmer Ph.D.; Toxicology; Denver, CO called by: Rachel Clingman, Steve Roberts, Jason Rother, Nick Morrow, Carter Dugan, Harry Scarborough
• David Hunt; Terrorism/Counter Terrorism; Scarborough, ME called by: Rachel Clingman, Steve Roberts, Jason Rother, Nick Morrow, Carter Dugan, Harry Scarborough
• Michael Shanklin; International Security called by: Rachel Clingman, Steve Roberts, Jason Rother, Nick Morrow, Carter Dugan, Harry Scarborough

The decedent's widow and four adult children sued the drilling contractor for premises liability and negligent supervision.

Although there were about 40 Yemen military personnel at the site, the plaintiffs' security expert testified they were ineffective as security. The plaintiffs alleged that the defendant, based on its contract with the operator, retained control over security at the site. In his deposition, the defendant's corporate representative acknowledged that the company was aware of Yemen 's history of terrorism, including the October 2000 bombing of the USS Cole and the escalation of violence in response to the U.S. war against Iraq, and that the company intentionally breached a contractual provision requiring it to provide security. The plaintiffs alleged that the defendant should have provided security guards that were its own employees.

Regarding negligent supervision, the plaintiffs put on evidence that many employees of the defendant used "qat," a stimulant, at the site every day. Qat is a controlled substance under U.S. law, but this fact was excluded at trial. The plaintiffs further claimed that the shooter was connected to Al Qaeda, had a gun at the site for several months, was having problems with depression, was taking Valium prescribed by the rig medic, had a history of mental illness and had stated that he was a victim of injustice at the hands of oil companies.

At trial, the defendant's field superintendent acknowledged that the company violated work policies that applied to this site.

The defendant denied retaining control over security and asserted that the operator, including the decedent, and the Yemen military jointly controlled security, based on written agreements between the operator and the Yemen military. The defendant denied awareness of an unreasonable risk of harm from its employees at the site, and denied that the shooter presented a risk of harm that was reasonably foreseeable before the incident.

The defendant designated the shooter and the Yemen military as responsible third parties.

A defense motion denying that Texas courts had jurisdiction and a defense motion to apply Yemen law (which would have effectively barred any recovery) were both denied. More than 35 depositions were taken, including several in Dubai and others in various cities around the U.S.

The decedent's widow, three adult sons and sole adult daughter claimed past lost wages and loss of future wage earning capacity. The sons who testified said that the family was very close; one of them cried throughout his testimony, said defense counsel.

The shooting occurred during the 24-hour period between President Bush's announcement of the Iraq War and the U.S.'s commencement of bombing.