A federal judge has ruled that the U.S. government will remain a defendant in a lawsuit filed by the family of Gabriel Stone, a 14-year-old who died after a wall collapsed on him at Robins Air Force Base. The Air Force and unnamed government officials were dismissed from the case due to immunity, but Judge Marc Treadwell determined that there was enough evidence for the case against the federal government to proceed.
Camalle and Timberly Stone, Gabriel’s parents, initially sued the Air Force, the U.S. government, and unnamed officials following their son’s death on July 22, 2024. Gabriel was killed when he and three others climbed a partition wall in a men’s bathroom at a pool on base property; the wall gave way and pinned him beneath it. According to court records, the wall consisted of 93 cinder blocks and lacked both horizontal and vertical support—requirements set by building codes since its construction in 1969.
Judge Treadwell noted that although an unstable cinderblock wall had been identified and repaired in the women’s bathhouse in June 2018, no maintenance records existed for the men’s bathroom wall. The family argued that it was the Air Force’s responsibility to ensure compliance with building codes through inspections and repairs.
The U.S. government contended that while inspection programs were in place for the bathhouse facilities, they did not specifically address structural or safety issues related to partition walls like those involved in this incident. “In fact, no preventive maintenance practices, according to the exhibits filed by the United States, exist for concrete masonry unit walls such as the wall in this case,” Treadwell stated.
Government attorneys also argued they should be immune from litigation because policies regarding inspections and maintenance are discretionary rather than mandatory. However, Treadwell wrote: “The Court cannot assume that the decision not to address a known hazard to children is one grounded in social, economic or political policy.” He added: “Thus, whether the discretionary function applies cannot be resolved.”
The Stones agreed to dismiss their claims against both the Air Force and unnamed officials but plan to amend their lawsuit with specific claims against the federal government.
