A Black former FedEx delivery driver in Mississippi, D’Monterrio Gibson, is pursuing a second civil lawsuit seeking at least $5 million in damages after surviving a terrifying encounter with two white men. Brandon Case and his father, Gregory Case, face charges of attempted first-degree murder, conspiracy, and shooting into Gibson’s work van during an incident that took place on January 24, 2022, in Brookhaven, Mississippi.
The Incident:
The incident involved Gregory Case attempting to block Gibson’s van with a pickup truck after he made a delivery. Brandon Case, armed with a gun, confronted Gibson as he maneuvered around the pickup truck. Shots were fired, hitting the van and some of the packages inside, but miraculously, Gibson was not injured during the encounter.
Legal Proceedings:
The two men faced trial for attempted murder and related charges, but a judge declared a mistrial due to police errors in August. Despite the mistrial, a new criminal trial date is yet to be set, leaving the Cases out on bond. The legal saga has taken another turn with Gibson filing a second civil lawsuit, this time against the assailants and his former employer, FedEx.
Allegations Against FedEx:
Gibson’s lawsuit alleges that FedEx aggravated his mental distress by forcing him to return to work on the same route immediately after the incident. The complaint cites depression, stress, anxiety, loss of sleep, and emotional pain and suffering as the consequences of this decision. FedEx spokesperson Austin Kemker, however, denies the allegations, emphasizing the company’s commitment to employee safety.
FedEx’s Response:
In response to the lawsuit, Kemker stated, “Our top priority is always the safety and well-being of our employees. FedEx denies the allegations and will vigorously defend the lawsuit.” This echoes the company’s previous stance when a separate $5 million lawsuit was dismissed by a federal judge in August.
Previous Legal Setback:
The dismissed lawsuit, filed by attorney Carlos Moore, targeted FedEx, the city of Brookhaven, the police chief, and the Cases. U.S. District Judge Daniel Jordan ruled that while the Cases’ conduct was deplorable, Gibson failed to state a viable claim against FedEx, removing the court’s original jurisdiction.
Employment Fallout:
Days after the mistrial, FedEx terminated Gibson’s employment because he declined a part-time, non-courier job the company offered him. Gibson, who had been on worker’s compensation leave since the attack, claimed he was in therapy and only receiving about one-third of his pay during this period.
As D’Monterrio Gibson seeks justice through the legal system, the case sheds light on the challenges faced by Black workers in the workplace and the aftermath of racially motivated incidents. The outcome of the second civil lawsuit against the assailants and FedEx will undoubtedly impact the ongoing narrative surrounding racial discrimination, employee safety, and corporate responsibility.
