Current:Home > MyEthermac|Lawsuit seeks $5M for Black former delivery driver who says white men shot at him in Mississippi -AssetLink
Ethermac|Lawsuit seeks $5M for Black former delivery driver who says white men shot at him in Mississippi
SafeX Pro Exchange View
Date:2025-04-10 15:26:40
JACKSON,Ethermac Miss. (AP) — A Black former delivery driver in Mississippi who says two white men shot into his work van and then pursued him in a high-speed chase last year has filed a new lawsuit against the men and his former employer, FedEx.
This is the second civil suit on behalf of D’Monterrio Gibson, and it seeks at least $5 million. The two men were tried for attempted murder and other charges but a judge declared a mistrial this summer.
Gibson was not wounded during the encounter on Jan. 24, 2022, in Brookhaven, about an hour’s drive south of Jackson. FedEx made him return to work on the same route, and that caused him to have “depression, stress, anxiety, loss of sleep, and emotional pain and suffering,” according to the lawsuit. It was filed by attorney Carlos Moore on Nov. 20 in state court.
FedEx spokesperson Austin Kemker said in a statement Wednesday to The Associated Press: “Our top priority is always the safety and well-being of our employees. FedEx denies the allegations and will vigorously defend the lawsuit.”
In August, a federal judge dismissed a separate $5 million lawsuit Moore filed on behalf of Gibson against FedEx, the city of Brookhaven, the police chief and the two men: Brandon Case and his father Gregory Case.
“The Cases’ alleged conduct is deplorable,” U.S. District Judge Daniel Jordan wrote. “But Gibson fails to state a viable claim against FedEx for which the Court would have original jurisdiction.”
Brandon Case and Gregory Case are charged with attempted first-degree murder, conspiracy and shooting into the vehicle driven by Gibson, which did not have a FedEx logo.
In August, state Circuit Judge David Strong cited police errors as he declared a mistrial in the criminal case of the father and son after days of jury selection and testimony. A detective testified about failing to give prosecutors and defense attorneys a copy of a videotaped police interview with Gibson.
Prosecutors said they intend to set a new date for the criminal trial, but court records show that has not been done. The two men remain out on bond.
Days after the mistrial, FedEx fired Gibson because he did not accept a part-time, non-courier job that the company offered him, Moore said. Gibson said he had been in therapy and on worker’s compensation leave, at about one-third of his pay, since shortly after the attack.
Gibson was making FedEx deliveries in a van with the Hertz rental car company logo on three sides. After Gibson left a package at a home on a dead-end public road, Gregory Case used a pickup truck to try to block the van and Brandon Case came outside with a gun, District Attorney Dee Bates said.
As Gibson drove the van around the pickup truck, shots were fired, with three rounds hitting the van and some of the packages inside, Bates said.
A lawyer for Gregory Case, the father, told jurors that his client saw a van outside his mother-in-law’s unoccupied home and went to check what was happening. Gregory Case wanted to ask the van driver what was going on, but the driver did not stop, attorney Terrell Stubbs said.
The sun had already gone down. “It was completely dark, completely dark, and somebody was in the wrong place,” Stubbs said. “It wasn’t my client.”
veryGood! (28192)
Related
- Cincinnati Bengals quarterback Joe Burrow owns a $3 million Batmobile Tumbler
- Former Georgia bulldog mascot Uga X dies with 2 national championships during his term
- Caitlin Clark incident at Ohio State raises concerns about how to make storming court safe
- Michigan woman sentenced to life in prison in starvation death of son
- Mets have visions of grandeur, and a dynasty, with Juan Soto as major catalyst
- Florida man arrested after pregnant woman said she was dragged through streets
- Eagles purging coordinators as Brian Johnson, DCs leaving. What it means for Nick Siranni
- Joel Embiid, Karl-Anthony Towns set franchise records, make NBA history with 60-plus points
- Dick Vitale announces he is cancer free: 'Santa Claus came early'
- 911 calls show fears of residents and friends after a young man got shot entering the wrong home
Ranking
- Head of the Federal Aviation Administration to resign, allowing Trump to pick his successor
- Memphis, Tennessee, police chief to serve in interim role under new mayor
- Cristiano Ronaldo's calf injury could derail match against Lionel Messi, Inter Miami
- Philadelphia-area woman charged with torturing and killing animals live on the internet
- South Korea's acting president moves to reassure allies, calm markets after Yoon impeachment
- Kelly Armstrong, North Dakota’s lone congressman, runs for governor
- Wendy's adds breakfast burrito to morning menu
- George Santos says he doesn’t plan to vote in the special election to fill his former seat
Recommendation
Trump issues order to ban transgender troops from serving openly in the military
Supreme Court says Biden administration can remove razor wire that Texas installed along border
Turbotax banned from advertising popular tax filing product as free
NATO signs key artillery ammunition contract to replenish allied supplies and help Ukraine
Chuck Scarborough signs off: Hoda Kotb, Al Roker tribute legendary New York anchor
Expend4bles leads 2024 Razzie Awards nominations, with 7
'Forgottenness' wrestles with the meaning of Ukrainian identity — and time
Girl, 8, describes 'magical' moment Jason Kelce picked her up to say hi to Taylor Swift