“FedEx was aware and fully recognized the amount of emotional distress the Plaintiff was experiencing,” the lawsuit says. “Further, Defendant FedEx intentionally inflicted emotional distress by forcing Plaintiff to continue to work the same route that he was hunted and chased down just weeks prior.”
Editor’s Note: This story was originally published by Mississippi Free Press at https://www.mississippifreepress.org/37973/fired-fedex-driver-sues-company-white-men-he-alleges-shot-at-him
Former FedEx driver D’Monterrio Gibson has filed a $5 million lawsuit against his former employer and the two white men he alleges chased him down and shot at him while he was making deliveries in Brookhaven, Miss., almost two years ago. FedEx fired him in July.
Gibson alleged that the men who attacked him on Jan. 24, 2022, were Gregory Case and his son Brandon Case. Their trial on conspiracy and first-degree murder charges ended in a mistrial in August 2023 after a judge discovered a Brookhaven police officer had withheld evidence from the prosecution and defense.
On Aug. 21, Gibson’s lawyer Carlos Moore sent the Mississippi Free Press a copy of an email FedEx had sent him saying his “employment with FedEx was terminated effective 7/26/23” and that the business had tried to send him a termination letter on July 31. Emily Wagster Pettus from the Associated Press first reported his firing.
The lawsuit, which Gibson’s attorney filed in the Lincoln County Circuit Court, also names the Flowood, Miss.-based asphalt construction company Adcamp Inc., as a defendant. Gibson’s lawsuit claims Adcamp supplied the truck that he says Gregory Case drove while chasing him and accuses the company of negligence for supplying him with a vehicle. None of the bullets struck Gibson, though he did share photos with the Mississippi Free Press showing bullet holes in his delivery van and in some of the packages.
“These violations caused severe pain and suffering to D’Monterrio Gibson on January 24th, 2022,” the lawsuit says.
It also says that Gibson “was acting within the scope of his employment with Defendant FedEx” when he alleges the Cases harassed and shot at him.
The FedEx employee returned to work the next day despite experiencing “severe panic and anxiety from the subject incident” and told the company that he felt uncomfortable making his usual deliveries, the lawsuit says. He and a supervisor went to the Brookhaven Police Department to make an official statement. The two then returned to FedEx’s Richland, Miss., location, where a supervisor told Gibson to travel on his route, but he repeated that he did not feel comfortable doing the job.
The day after that, on Jan. 26, 2022, Gibson initiated the company’s medical leave process “because of severe anxiety,” the lawsuit says, mentioning that FedEx agreed to pay for eight therapy sessions for Gibson and let him off work for two weeks without pay. After public outcry, FedEx reinstated his pay on Feb. 11, 2022, retroactive to Jan. 31, 2022.
The lawsuit lays out five causes of action against the defendants, including intentional infliction of emotional distress against FedEx. Click here to read the Lawsuit. https://www.mississippifreepress.org/wp-content/uploads/2023/11/FILE_6909.pdf
See below for response from UPS:
“FedEx was aware and fully recognized the amount of emotional distress the Plaintiff was experiencing,” the lawsuit says. “Further, Defendant FedEx intentionally inflicted emotional distress by forcing Plaintiff to continue to work the same route that he was hunted and chased down just weeks prior.”
In a statement to the Mississippi Free Press, FedEx denied the allegations. “Our top priority is always the safety and well-being of our employees. FedEx denies the allegations and will vigorously defend the lawsuit,” the company’s media relations department said in a statement.
The second cause of action accuses the Cases of civil assault and battery; the third accuses the pair of negligent/intentional infliction of emotional distress; the fourth accuses them of general/gross negligence; and the fifth accuses Adcamp of negligent entrustment of a motor vehicle and vicarious liability.
“Mr. Gibson has been through a great deal since he suffered the attack by the Cases in January of 2022,” Moore told the Mississippi Free Press on Nov. 29. “They have still not been brought to justice in the criminal arena, but we are advancing his civil lawsuit in state court, and we expect to receive justice.”
The Mississippi Free Press attempted to contact Adcamp for comment regarding the lawsuit but did not hear back by press time.
This story has been updated to include a statement from FedEx.
Reporter Heather Harrison graduated from Mississippi State University with a degree in Communication in 2023. She worked at The Reflector student newspaper for three years, starting as a staff writer, then the news editor before becoming the editor-in-chief. During her time at The Reflector, Heather won 13 awards for her multi-media journalism work. She is a Hazlehurst, Mississippi, native.
