Page 2A
NORTHWEST
East Oregonian
Friday, May 15, 2015
Court overturns $85 million
award for Oregon soldiers
By STEVEN DUBOIS
Associated Press
PORTLAND — The 9th U.S.
Circuit Court of Appeals overturned
an $85 million jury award to a dozen
Oregon National Guard soldiers who
VDLGWKH\ZHUHVLFNHQHGIURPJXDUGLQJ
a water treatment plant during the Iraq
War.
The military contractor Kellogg,
Brown and Root successfully argued
that Oregon was not the proper juris-
diction for the case. KBR is based in
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soldiers from Indiana, West Virginia
and South Carolina are pending in
federal court there.
“We are thrilled with the result; it is
WKHULJKWUHVXOWDQGZHORRNIRUZDUGWRD
successful conclusion to this and all the
legacy tort claims that relate to KBR’s
ZRUN VXSSRUWLQJ WKH 86 PLOLWDU\ LQ
Iraq,” KBR attorney Geoffrey Harrison
said by phone Thursday.
The three-judge panel heard oral
arguments May 4 in Portland and came
EDFNZLWKDVXUSULVLQJO\IDVWGHFLVLRQ
The brief opinion only addressed the
question of jurisdiction, and it found
DQLQVXI¿FLHQWOLQNEHWZHHQ.%5DQG
Oregon.
The opinion mentions two possibil-
ities for what comes next: Either the
FDVHLVGLVPLVVHGDQGWKHQUH¿OHGLQDQ
appropriate venue, presumably Texas,
or it’s simply transferred there.
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court to review the case.
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days before deciding the next step.
He said KBR was fully able to defend
itself in Oregon, so it was tough to lose
on jurisdictional grounds.
to sodium dichromate, a corrosive
VXEVWDQFH XVHG WR NHHS SLSHV DW WKH
water plant free of rust. Moreover, they
feared a carcinogen found in sodium
dichromate could cause cancer later in
life.
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soldiers’ maladies resulted from desert
air and pre-existing conditions. And
even if the soldiers were exposed
to sodium dichromate, they weren’t
around enough of it, for long enough,
to cause serious health problems.
5RFN\ %L[E\ RQH RI WKH 2UHJRQ
soldiers, said his health hasn’t improved
since the 2012 verdict. He said he has
FRXJKLQJ ¿WV OXQJ SUREOHPV GHSUHV-
sion and post-traumatic stress disorder.
“We beat them in federal court on the
AP Photo/Rick Bowmer, File
merits
of the case and now we have to
In this 2009 file photo, Iraq veteran
Larry Roberta looks down during retry it again,” he said. “It’s frustrating
his testimony before the House that the appellate court basically threw
Rules Committee at the Oregon out our whole case.”
Capitol in Salem, about his expo-
The case has been going on since
sure to a chemical called sodium ³, GRQ¶W NQRZ KRZ PDQ\ RI XV
dichromate, which contains a po- will survive to the end of this, but we’ll
tentially cancer-causing substance.
push through and see what happens,”
“But that’s the law,” he said. “We’ll Bixby said.
The military contractor has had
follow the law; we’ll follow the rules.
more legal success in its home state
That’s what we do.”
A federal jury in Portland found than in Oregon. The Texas federal court
KBR guilty of negligence after a granted KBR’s request for summary
WKUHHZHHN WULDO LQ ODWH (DFK RI judgment on several matters in the
the 12 soldiers was awarded $850,000 case involving Guard troops from other
in noneconomic damages and $6.25 states, including whether KBR was
negligent.
million in punitive damages.
That has left those soldiers with one
U.S. District Court Judge Paul
3DSDN DFNQRZOHGJHG EHIRUH WKH WULDO pending claim, whether KBR inten-
WKDWWKHORVLQJVLGHZDVOLNHO\WRDSSHDO WLRQDOO\LQÀLFWHGHPRWLRQDOGLVWUHVV
“The Oregon plaintiffs should
KBR reconstructed the water
treatment center shortly after the VWDQG RQ WKH VDPH VKDN\ IRRWLQJ WKDW
March 2003 invasion while National their claims deserve and that the other
plaintiffs have, based on their legally
Guardsmen defended the area.
The soldiers said they had respi- and factually meritless allegations,”
ratory ailments after their exposure said Harrison, the KBR attorney.
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SATURDAY
SUNDAY
A passing
afternoon shower
Mostly cloudy with
a few showers
Mostly cloudy with
a shower
71° 52°
73° 46°
MONDAY
TUESDAY
Couple of
thunderstorms
Mostly cloudy
PENDLETON TEMPERATURE FORECAST
71° 47°
74° 50°
75° 51°
HERMISTON TEMPERATURE FORECAST
PENDLETON
through 3 p.m. yesterday
TEMPERATURE
HIGH
LOW
65°
71°
97° (1934)
41°
46°
31° (1916)
PRECIPITATION
24 hours ending 3 p.m.
Month to date
Normal month to date
Year to date
Last year to date
Normal year to date
0.00"
1.06"
0.53"
4.19"
6.13"
5.64"
HERMISTON
through 3 p.m. yesterday
TEMPERATURE
HIGH
Yesterday
Normals
Records
LOW
70°
73°
97° (1939)
43°
46°
30° (1964)
PRECIPITATION
24 hours ending 3 p.m.
Month to date
Normal month to date
Year to date
Last year to date
Normal year to date
0.00"
1.21"
0.53"
3.00"
3.77"
4.52"
SUN AND MOON
Sunrise today
Sunset tonight
Moonrise today
Moonset today
New
First
May 17
May 25
77° 49°
78° 50°
Seattle
67/51
ALMANAC
Yesterday
Normals
Records
74° 47°
Full
5:25 a.m.
8:19 p.m.
4:06 a.m.
5:36 p.m.
Last
June 2
June 9
Spokane
Wenatchee
73/50
78/55
Tacoma
Moses
67/49
Lake
Pullman
Aberdeen Olympia
Yakima 79/53
67/45
59/52
66/49
80/49
Longview
Kennewick Walla Walla
63/51
72/52 Lewiston
78/52
Astoria
71/53
58/50
Portland
Enterprise
Hermiston
67/52
Pendleton 53/42
The Dalles 76/51
71/52
71/53
La Grande
Salem
62/48
66/47
Albany
Corvallis 65/47
66/47
John Day
57/45
Ontario
Eugene
Bend
63/50
64/46
61/35
Caldwell
Burns
61/49
55/39
Medford
66/46
REGIONAL FORECAST
Eastern Washington: Clouds and sun today;
a passing shower near the Idaho border and
in the mountains.
Cascades: Variable clouds today. A passing
shower in the south; pleasant across the
north.
Northern California: Sun today. Snow
showers in the morning, then showers in the
interior mountains; a shower in central parts.
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pc
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Today
Beijing
Hong Kong
Jerusalem
London
Mexico City
Moscow
Paris
Rome
Seoul
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Tokyo
Hi
60
63
61
59
62
53
64
65
76
60
64
65
60
72
55
59
70
78
73
65
65
65
70
60
65
73
80
NATIONAL WEATHER TODAY
Sat.
Lo
48
37
35
47
34
42
41
44
46
43
35
44
36
47
46
47
49
46
46
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33
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78
91
77
63
73
57
62
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65
80
Lo
51
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84
90
83
63
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53
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67
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Sat.
Lo
61
83
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45
56
43
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57
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WINDS
Boardman
Pendleton
Today
Saturday
WNW 6-12
WNW 7-14
WSW 10-20
WSW 10-20
UV INDEX TODAY
Shown is today’s weather. Temperatures are today’s highs and tonight’s lows.
Coastal Oregon: Intervals of clouds and
sunshine today. Partly cloudy tonight.
Rather cloudy tomorrow.
Eastern and Central Oregon: A couple
of showers today, except dry near the
Cascades.
Western Washington: Partly sunny today.
Partly cloudy tonight. Mainly cloudy
tomorrow.
Lo
50
43
35
47
39
42
46
48
51
45
32
48
39
46
48
50
50
52
52
52
34
47
50
44
50
52
49
1
3
5
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WORLD CITIES
(in mph)
Klamath Falls
57/32
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58
59
61
59
55
53
64
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66
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63
78
71
67
64
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73
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72
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76° 46°
ROSEBURG
—
Supporters of a garage-based
gun store on Southeast Sharon
Avenue in Roseburg came
out in force Monday night to
defend the business against
accusations that it drives up
WUDI¿FRQWKHRWKHUZLVHTXLHW
street.
The
Roseburg
City
Council spent nearly two
hours hearing from supporters
of KC’s Exchange, a gun store
owned and operated out of the
home of an elderly couple,
who decried anonymous
complaints that led the city
to issue an abatement in May
last year. The city contended
that, in addition to four
complaints, the gun store also
violated city land-use codes
about running a business in a
residential neighborhood.
The supporters Monday
QLJKW EDONHG DW WKH LGHD WKDW
WUDI¿FZDVDQLVVXH
“I go down that road six
times a day. There’s never a
WUDI¿F SUREOHP´ VDLG *DU\
Leif, a downtown business
owner who owns three prop-
erties near KC’s Exchange.
Leif said he wasn’t aware a
business was even being run
there, despite having lived in
the area for seven years. “A
friend said to me, ‘Have you
been to KC’s Exchange?’ and
, VDLG µ, GRQ¶W HYHQ NQRZ
what that is.”’
KC’s Exchange, owned
by Ken and Carolyn Kellim,
has been doing business on
Southeast Sharon Avenue
since 2013. The couple had
been in the gun-selling busi-
ness since 1995 but shuttered
WKH ¿UVW VWRUH RQ 6RXWKHDVW
Stephens Street in 2003 when
Carolyn Kellim decided she
wanted to spend more time at
home.
The couple reopened the
shop after spending $5,000
WRUHWUR¿WWKHJDUDJHWRWXUQLW
LQWRDIXOO\VWRFNHGJXQVWRUH
Addington tells the Klamath Falls
Herald and News that 11 of the
project’s 15 irrigation districts have
already shut down.
In drought years, Endangered
Species Act demands for protected
VXFNHU¿VKDQGVDOPRQPHDQOHVVZDWHU
for farms on the project.
+HDOWKZDVWDNHQWRMDLO7KXUVGD\DIWHU
he was arrested on one count of public
Health care executive
indecency.
The jail website lists Cagen’s bail
charged with public
at $5,000 and says his initial court
indecency
appearance is Friday.
SALEM (AP) — Police arrested
2I¿FHUVIRXQG&DJHQDW:RRGEXUQ
a health care executive accused of
Health Center after a witness provided
PDVWXUEDWLQJLQDFDUSDUNHGRXWVLGHD
them with a vehicle description and
Bi-Mart store in Woodburn.
license plate number.
$FLW\VSRNHVPDQVDLG5LFN&DJHQ
Cagen turned 64 years old on
the president and CEO of Silverton
Wednesday.
KLAMATH FALLS (AP) —
Farmers on a federal irrigation project
straddling the Oregon-California
border will get less than half the water
they would expect in a plentiful year.
Greg Addington, executive director
of the Klamath Water Users Association,
VD\VWKH\ZHUHQRWL¿HGWKLVZHHNE\WKH
U.S. Bureau of Reclamation that the
PRXQWDLQVQRZSDFNLVUDSLGO\GHFOLQLQJ
and estimates of water availability have
dropped.
A month ago, the drought was
expected to result in 60 percent of full
water deliveries this summer. Now, that
will be about 45 percent.
Carolyn Kellim, 86, who esti-
mates she sold 600 guns last
year, said that the store gives
her purpose in her retirement
years.
“I’m not ready to die. The
SHRSOH ZKR WDNH RII DQG OROO
around in the sun don’t live
very long,” she said.
However, the city had
received complaints that the
business was inundating the
quiet neighborhood with
WUDI¿F D FODLP WKH FRXSOH
and supporters deny. On May
19, 2014, the city issued an
DEDWHPHQW QRWLFH DVNLQJ WKH
store to end its retail business,
which the couple appealed 10
days later.
The two sides convened
in November 2014 and
agreed that if the gun store
would limit business to three
customers per day — an idea
reportedly hatched by KC’s
Exchange and its legal team
— it could operate quietly in
the neighborhood. Christo-
pher Peterman, the Kellim’s
lawyer, said they were under
the impression the deal was
IRU WKUHH ¿UHDUP SXUFKDVHV
per day, not three customers
total.
“What I suggested on
behalf of Mrs. Kellim was
that we would limit the live
persons to three per day.
, WKLQN ZKDW ZDV ORVW LQ
translation was that we didn’t
anticipate that meant we
ZRXOGFORVHWKHGRRUDQGORFN
out anyone who showed up,”
Peterman said. “What we
anticipated is that we would
try to limit the sales and the
IRRW WUDI¿F E\ NLQG RI PRWL-
vating individuals to come.
We didn’t anticipate that if
someone showed up later in
the afternoon we’d have to
ORFNWKHPRXW´
City Manager Lance
Colley said the business
could operate as long as it
honored the three-customer
limit, as well as advertising
the business as “by appoint-
ment only.”
By TROY BRYNELSON
Roseburg News-Review
BRIEFLY
Klamath farmers take
another hit on irrigation
76° 51°
Roseburg council
holsters decision
on garage gun store
5
3
1
8 a.m. 10 a.m. Noon 2 p.m. 4 p.m. 6 p.m.
0-2, Low
3-5, Moderate 6-7, High;
8-10, Very High;
11+, Extreme
The higher the AccuWeather.com UV Index™ num-
ber, the greater the need for eye and skin protection.
Forecasts and graphics provided by
AccuWeather, Inc. ©2015
Shown are noon positions of weather systems and precipitation. Temperature bands are highs for the day.
-10s
-0s
showers t-storms
0s
10s
rain
20s
flurries
30s
40s
snow
ice
50s
60s
cold front
70s
80s
90s
100s
warm front stationary front
110s
high
low
National Summary: Rain will push eastward across the Great Lakes today with spotty
showers in the South. Locally strong storms will affect parts of Oklahoma and Texas.
Showers and storms are in store for the West.
Yesterday’s National Extremes: (for the 48 contiguous states)
High 95° in Andalusia, Ala.
Low 23° in Saranac Lake, N.Y.
NATIONAL CITIES
Today
Albuquerque
Atlanta
Atlantic City
Baltimore
Billings
Birmingham
Boise
Boston
Charleston, SC
Charleston, WV
Chicago
Cleveland
Dallas
Denver
Detroit
El Paso
Fairbanks
Fargo
Honolulu
Houston
Indianapolis
Jacksonville
Kansas City
Las Vegas
Little Rock
Los Angeles
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Sat.
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Today
Louisville
Memphis
Miami
Milwaukee
Minneapolis
Nashville
New Orleans
New York City
Oklahoma City
Omaha
Philadelphia
Phoenix
Portland, ME
Providence
Raleigh
Rapid City
Reno
Sacramento
St. Louis
Salt Lake City
San Diego
San Francisco
Seattle
Tucson
Washington, DC
Wichita
Hi
88
85
87
71
71
85
82
74
78
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Weather (W): s-sunny, pc-partly cloudy, c-cloudy, sh-showers, t-thunderstorms, r-rain,
sf-snow flurries, sn-snow, i-ice.
W
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