Bowen Painter Injury Lawyers is among the firms representing United States Army Specialist Winston Hencely in a case that has recently been accepted for review by the U.S. Supreme Court. This is a noteworthy development, as the Court receives roughly 7,000 petitions for certiorari each year but only grants around 1% of such requests.
The case, Hencely v. Fluor Corporation, involves claims of contractor negligence stemming from a 2016 suicide bombing at Bagram Airfield in Afghanistan. It raises significant legal questions regarding the scope of liability for government contractors operating in military environments.
Background of the Case
On November 12, 2016, an Afghan national detonated an explosive device near a military assembly point at Bagram Airfield. He had been hired by a subcontractor of Fluor Corporation, a defense department contractor. The attack resulted in six fatalities and 17 injuries. Army Specialist Hencely, one of the individuals injured, sustained severe neurological injuries as a result of the explosion.
The suicide bomber constructed the explosive vest using tools and materials obtained from Fluor’s jobsite, where he had been assigned to work. The subcontractor employee had been left unsupervised, in violation of Fluor’s contractual obligations to the U.S. Department of Defense.
This lack of supervision enabled him to leave the jobsite and approach an area where soldiers were gathering for a Veterans Day 5k race. Hencely intercepted the bomber, who then detonated the explosive.
Subsequently, Hencely filed a lawsuit against Fluor in federal court in South Carolina. He alleges that the company negligently failed to fulfill its contractual duty to supervise its employee, resulting in his catastrophic injuries.
Lower Court Rulings and Supreme Court Review
The U.S. District Court for the District of South Carolina granted summary judgment in favor of Fluor, concluding that Hencely’s state-law claims were preempted by the combatant-activities exception under the Federal Tort Claims Act (FTCA). That decision was affirmed by the U.S. Court of Appeals for the Fourth Circuit.
In February 2025, Hencely petitioned the U.S. Supreme Court to review the case, focusing on the extent to which a contractor can avoid liability in a military theater. This issue has divided lower federal courts and significantly affects the rights of service members who have been injured abroad.
The petition argued that no statute preempts state-law claims against military contractors and that applying the combatant-activities exception to private companies contradicts the text of the Federal Tort Claims Act.
On June 2, 2025, the Supreme Court granted certiorari, signaling its intention to address this unsettled area of law.
The Legal Significance of Hencely v. Fluor Corporation
The case centers on the legal responsibilities of contractors performing government functions in conflict zones and whether they can invoke broad immunity under federal law when facing state-law claims. Hencely’s attorneys argue that Fluor’s alleged failure to properly supervise its subcontractor employee constitutes ordinary negligence and should be subject to legal scrutiny, regardless of the military setting.
This case presents an important opportunity to clarify the boundaries of contractor accountability in overseas operations. The question before the Court has implications not only for Hencely but for all service members and civilians affected by contractor negligence.
The case has garnered support from multiple veterans’ organizations and legal advocacy groups. Several amicus curiae briefs have been filed in support of Hencely’s position, including submissions from the Center for Military Law and Policy, Military-Veterans Advocacy, Inc., Veterans Legal Services, and a coalition of state attorneys general.
What Are the Next Steps?
The Supreme Court is expected to hear oral arguments during its upcoming term. A decision in Hencely v. Fluor Corporation could influence future litigation involving government contractors and shape how courts interpret preemption doctrines in the context of military operations.
Bowen Painter Injury Lawyers remains committed to pursuing legal remedies on behalf of injured individuals. We’re proud to be part of this significant case involving the interpretation of federal law and look forward to presenting our arguments before the highest court in the land.
Contact the Personal Injury Law Firm of Bowen Painter Injury Lawyers in Savannah for Help Today
For more information, please contact our experienced Savannah personal injury lawyer at Bowen Painter Injury Lawyers to schedule a free initial consultation today. We have a convenient location in Savannah, GA.
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