Jurisdiction Problems In Wrongful Death Lawsuit Of Soldier
A federal judge has tossed out a $4.9 million verdict against a Kuwaiti military contractor accused of negligence in the wrongful death accident of an American soldier killed in Iraq.
As wrongful death accident lawyers, we believe that a fatal accident involving a loved one—whether due to an automobile accident or personal injury—is a hard thing to get through, involving a lot of emotional trauma for friends and family.
The family of United States Army Lt. Col. Dominic “Rocky” Baragona, who, while stationed in Iraq in 2003, died in a fatal car accident involving a truck driven by an employee of Kuwait & Gulf Link Transport Company (KGL) was awarded a settlement by U.S. District Judge William S. Duffey.
Originally, Baragona’s family had been awarded $4.9 million from their wrongful death lawsuit against KGL. But all that changed in early May, 2009 when the United States District Court for the Northern District of Georgia was found to not be a proper venue and lacked jurisdiction for the wrongful death lawsuit against Kuwait & Gulf Link Transport Company.
“KGL would have demonstrated that neither the company nor its driver was negligent…and its driver acted improperly under the circumstances,” said KGL in a statement released in response to the wrongful death lawsuit.
This case illustrates what personal injury lawyers call “form over substance,” meaning, there is no doubt the wrongful death occurred. The court where the award was made was later determined to be the right court.
That is why it is important to not just get a personal injury lawyer, but a good personal injury lawyer. In our law firm, we would rather explain price once as opposed to apologize for quality the entire time we are handling your matter, because when you need to worry about paying your medical bills and getting better, those things are very important.
Please feel free to call us now at 1-800-655-6585 or click here for a FREE CONSULTATION with an experienced wrongful death accident lawyers. We have a large bilingual staff that can assist you in either English or Spanish.
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