Martha P. McCorkle and Edward E. McCorkle v. The United States of America and Conrad Weihnacht Construction Company, a Florida Corporation

The relevant facts on this appeal are not disputed. The Conrad Weihnacht Construction Company (CWCC) of Jacksonville, Florida, was awarded a contract by the United States for the renovation of thirty-one underground jet fuel tanks located at Hunter Army Airfield in Savannah, Georgia. CWCC in turn subcontracted the cleaning of these tanks to Miller Painting Company of Savannah, Georgia. While cleaning the last tank on May 14, 1980, plaintiffs’ son, Bruce McCorkle, an employee of Miller, was killed when the fuel tank in which he was working exploded.

The contract between the United States and…