United States Third Circuit

In a wrongful death action against defendant-military contractor, alleging defendant negligently performing its maintenance duties under two contracts with the United States, causing a Staff Sergeant's death when he was electrocuted while taking a shower in his barracks, because the shower was electrified by an ungrounded and unbonded water pump, the district court's order dismissing the case is reversed and remanded, where: 1) on the issue of whether the case presents a nonjusticiable political question, the matter must be remanded for the district court to undertake a choice-of-law analysis to determine which state's law controls the claims and defenses presented; and 2) the combatant-activities exception in 28 U.S.C. section 2860(j) to the United States' waiver of sovereign immunity for torts does not preempt the plaintiffs' claims.

Appellate Information

• Decided 08/01/2013
• Published 08/01/2013

Judges

• SMITH

Court

• United States Third Circuit

Counsel