‘Wrongful Death’- Court Holds Arcellor Mittal Contractor WBHOSC Liable For Over $2 Million In Damages
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SANNIQUELLIE, NIMBA COUNTY -OCTOBER 27, 2025: The 8th Judicial Circuit Court in Sanniquellie, Nimba County has ruled holding a major contractor to Arcellor Mittal Liberia -WBHOSC liable for more than two million United States Dollars in damages for the wrongful death of a young Liberian.
In a final ruling handed down on the 23rd Day of October AD 2025, Resident Circuit Judge Presiding over the 8th Judicial Circuit Court, His Honor Pape Suah ruled awarding an amount of One Million five hundred thousand in general damages, One hundred and ninety five thousand Liberian dollars in special damages and five Hundred Thousand United States Dollars in consequential damages to the family of the late Prince Gbeangan who was killed by a vehicle belonging to WBHOSC in Ganta, Nimba County.
The case grew out of a complaint filed by the Intestate Estate of the late Prince Gbeangan by and thru its Administratrix Mrs. Joretha Kehzie Quoi who on September 13, 2014 through her legal counsel Cllr. Lawrence Sua and Atty. Samwar S. Fallah filed a seventeen (17) count action of damages for wrongful death, emotional distress and other associated pain and agony from the death of Gbeangan against Ayres Dahn, the rider of a motorbike and WBHOSC.
In the complaint, the Plaintiff stated that on August 11, 2024 the late Prince Gbeangan was hit by a motorbike and as the motorbike stopped to take Prince to the hospital for medical attention, a WBHOSC vehicle that was hauling another vehicle ran into Prince, dragged him to a distance and caused his death. Eyewitnesses’ accounts and also a CCTV stationed at the God’s Willing Gas Station nearby captured the moment the WBHOSC hit and dragged Prince Gbeangan resulting to his death.
In the complaint the Plaintiff indicated that WBHOSC officials visited the family after the indecent and promised to return after the burial to sit with the family and discuss some form of support for the deceased to help his children with education and other livelihoods but the company failed to live up to the promised despite numerous efforts by the deceased’s family to reach out to the Company for attention.
When the Writ of Summons from the Court was taken to WBHOSC local office in Yekepa, Nimba County, the Sheriff returns indicated that workers on site were instructed by a senior official of the company not to receive any paper from the Court.
The Court issued a Writ of Resummons which was not again served on WBHOSC based on refusal of employees of the company to receive the Court paper.
The Plaintiff lawyers requested Court for permission to carry out service by Publications and mailing in keeping with relevant provisions of the Civil Procedure Law of Liberia and the Court granted the request. The Wits of Summons and the Plaintiff’s Complaint were all published in two Liberian Newspapers –the New Republic and the Oracle Newspapers four times each for four consecutive weeks making it a total of eight publications and mailed through the Post Office to the known address of WBHOSC which by law brought WBHOSC under the jurisdiction of the Court.
A Notice of assignment was also issued by the Court and as well published in the Newspaper where only first Defendant Ayres Dahn appeared in Court through his lawyer and conceded to the Plaintiff’s Complaint. First Defendant Dahn told Court that he had no issue to join with the Plaintiff because the incident actually occurred and he too was lucky to have not been hit and killed by the WBHOSC vehicle.
Plaintiff’s lawyer prayed Court for Default judgment which was granted and to make the default judgment perfect Plaintiff produced three witnesses who all testified to the incident and the Plaintiff also produced the CCTV video footage clearing showing how the WBHOSC hit and dragged the deceased until his death.
His Honor Suah in his final ruling on the matter stated that the Plaintiff met the legal standard of burden of proof and proved its case with preponderance of evidence.
Stated the ruling “The Plaintiff having demonstrated the burden of proof based on preponderance of evidence which include the Writ of Summons, resummons, newspapers publication, documentary evidence as Plaintiff’s Exhibits P/1 and P/2 in bulk which were testified to, identified, marked confirmed and reconfirmed as well as the general testimonies of the witnesses is a clear indication that Plaintiff has established its case based on the preponderance of evidence and that the damages prayed for will properly lie”.
His Honor Jude Suah also declared that based on previous Supreme Court Opinions, there is no legal and valid reason to not grant the Plaintiff’s request for relief.
“The Honorable Supreme Court has opined in the case: A. Hejazi Corporation v. Zoe and The Liberian American Insurance Company, 38 LLR, Page 61, Syl. 12 and 13, heard April 17, 1995, decided July 27, 1995 that : Every man is entitled to take full advantage of the law in defense of his right; but if he fails to do so, the law gives no protection to him for abusing his own right, Syl. 13, he who is silent when he should speak, assents”, the Judge stated in his final ruling.
The Judge declared that the failure of the 2nd Defendant WBHOSC to file its responsive pleading in order to traverse the averments contained in the Plaintiff’s Complaint as well as the 2nd Defendant’s failure to appear in open court and testify in its own defense, is construed by the Court that the averments contained in the Plaintiff’s Complaint is truth in keeping with 1LCLR Chapter 9 subchapter 9.8 paragraph 3 which provides “Effect of failure to deny. Averments in a pleading to which responsive pleading is required are deemed admitted when not denied in the responsive pleading”.
The final ruling of the court stated “Wherefore and in view of the foregoing, facts, circumstances and the laws cited herein above, it is the holding of this honorable Court that the Plaintiff having proven its case by preponderance of evidence, the 2nd Defendant/Management is hereby adjudged liable to Plaintiff to the amount of One Million Five Hundred United States Dollars (1,500,000 USD) general damages, One Hundred Ninety Five Thousand Liberia Dollars ($195,000 LRD) special damages and Five Hundred Thousand United States Dollars ($500,000 USD) consequential damages as prayed for by Plaintiff. The costs of these proceedings are hereby ruled against the 2nd Defendant”.
In keeping with legal procedure the Court appointed Cllr. Gborie Saysay who took the ruling on behalf of the WBHOSC and announced an appeal to the Honorable Supreme Court of Liberia Sitting in its March term AD 2026.
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