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Date: 05-16-2023

Case Style:

Maj. Jaces Leli v. V2x, Inc., et al.

Case Number: 1:22-CV-02427

Judge: Tanya Wilton Pratt

Court: United States District Court for the Southern District of Indiana (Marion County)

Plaintiff's Attorney:




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Defendant's Attorney: Edmund Leonard Abel, Andrews David Dettmer

Description: Indianapolis, Indiana personal injury lawyers represented Plaintiff who sued Defendants on wrongful death theories.


The Vectrus Defendants are all Indiana corporations (Filing No. 1-2 at ¶¶ 2-4). At the time of the incident giving rise to this suit, the Vectrus Defendants were government contractors for the United States Air Force (Filing No. 1 at ¶ 16). Under their services contract with the Air Force, they provided "personnel, labor, vehicles, supervision, training, tools, equipment, safety equipment and other items necessary to support" certain installation services for the Air Force at the Al Dhafra Air Base in the United Arab Emirates. Id. at 16; see (Filing No. 1-4 (services contract)). Those installation services included the delivery of potable water and the provision of forklift support for water delivery (Filing No. 1 at ¶ 19). At all relevant times, Taylor was an employee of the Vectrus Defendants who operated a commercial forklift to deliver water at the Al Dhafra Air Base.

On the morning of November 27, 2020, Capt. Leli was walking at the Al Dhafra Air Base in an area designated for both pedestrian and vehicle traffic (Filing No. 1-2 at ¶ 7). At the same time, Taylor was driving a forklift in the course and scope of his employment for the Vectrus Defendants. Id. at ¶ 6-8. Taylor and Capt. Leli were traveling on perpendicular paths, heading toward one another. Id. at ¶ 9. However, Taylor did not see or yield to Capt. Leli because he was texting while driving the forklift. Id. at ¶ 11, 13-14. Tragically, Taylor struck Capt. Leli and, unaware that he had struck someone, drove over Capt. Leli, killing her. Id.

On November 15, 2022, Capt. Leli's husband, Maj. James Leli, as the Personal Representative of her Estate, initiated this action in the Marion (Indiana) Superior Court 2, asserting state law tort claims against Taylor and the Vectrus Defendants. Id. At 2. On December 19, 2022, the Vectrus Defendants timely removed this action to federal court asserting federal jurisdiction over the Estate's tort claims pursuant to 28 U.S.C. § 1442(a)(1), commonly referred to as the "Federal Officer Removal Statute" (Filing No. 1 at ¶ 7-8). On January 18, 2023, the Estate filed a motion seeking to remand this action back to the Marion Superior Court 2 (Filing No. 14). The Estate's Motion for Remand is now ripe for the Court's review.[1]...
Leli v. V2X, Inc. (S.D. Ind. 2023)

Outcome: Motion to remand denied.

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