A Black former delivery driver in Mississippi who survived an alarming encounter last year is taking legal action against the men responsible and his former employer, FedEx.
D’Monterrio Gibson, the victim in this case, has filed a second civil lawsuit seeking a minimum of $5 million in damages. This lawsuit sheds light on a series of events that began on January 24, 2022, in Brookhaven, Mississippi, where Gibson was the target of an alleged racially motivated attack.
On that fateful day, two white men, Brandon Case and his father, Gregory Case, allegedly shot into Gibson’s work van and then pursued him in a high-speed chase. Fortunately, Gibson was not physically harmed during the encounter. However, the emotional and psychological toll on him was significant.
Gibson was compelled to return to work on the same route by FedEx immediately after the incident, causing him to endure “depression, stress, anxiety, loss of sleep, and emotional pain and suffering,” according to the lawsuit filed by attorney Carlos Moore on November 20, in state court.
Brandon Case and Gregory Case faced trial for charges of attempted first-degree murder, conspiracy, and shooting into Gibson’s vehicle. However, the trial ended in a mistrial this summer due to police errors. Despite the mistrial, a new date for the criminal trial has yet to be set, leaving the Cases out on bond. This legal saga has taken another turn with Gibson pursuing a second civil lawsuit, this time targeting both his assailants and his former employer, FedEx.
In response to the lawsuit, FedEx spokesperson Austin 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.
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The earlier lawsuit, filed by attorney Carlos Moore, targeted not only FedEx but also the city of Brookhaven, the police chief, and the Cases. U.S. District Judge Daniel Jordan ruled that although the Cases’ conduct was deplorable, Gibson failed to establish a viable claim against FedEx, leading to the removal of the court’s original jurisdiction.
Following the mistrial, FedEx terminated Gibson’s employment after he declined a part-time, non-courier job offer from the company. Gibson had been on worker’s compensation leave since the attack, during which he claimed to have been in therapy and receiving only about one-third of his pay.
This legal battle highlights 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 discourse surrounding racial discrimination, employee safety, and corporate responsibility. It serves as a reminder of the hurdles individuals like D’Monterrio Gibson face as they seek justice through the legal system.
