TX - Athena Strand, 8, Abducted & Murdered By FedEx Contract Driver, Tanner Horner, Paradise, 2022 #2

I can't see how TH's employer bears responsibility for his crimes. He had no criminal record. And, if there is no history of complaints filed, TH is just like any other employee.
I can't see it either. The suit claims some pretty outlandish things.

Both FedEx and Big Topspin were negligent in hiring TH, failed to investigate his criminal history, mental health history and prior employment, failed to properly supervise him, were reckless in employing him, failed to implement saftey policies, failed to enforce said policies, failed to promulgate saftey rules for employees, etc., so forth and so on.

The allegations begin on page 7 here. Athena Strand's Father Sues Confessed Killer, FedEx, Contractor

It goes even further to allege that both Big Topspin and FedEx "knew or should have known" that TH would use the provided delivery vehicle in a manner involving unreasonable risk of harm, and were negligent by allowing him to work in a residential area where there were children. Further, that both companies had "subjective knowledge" that hiring TH would put members of the public at "extreme risk of harm".

I'm awful curious to hear exactly how both FedEx and Big Topspin knew, or should have known TH was going to do what he did, or how they had subjective knowledge he'd put members of the public in "extreme risk of harm"... given the fact he didn't have a criminal record.
 
I can't see it either. The suit claims some pretty outlandish things.

Both FedEx and Big Topspin were negligent in hiring TH, failed to investigate his criminal history, mental health history and prior employment, failed to properly supervise him, were reckless in employing him, failed to implement saftey policies, failed to enforce said policies, failed to promulgate saftey rules for employees, etc., so forth and so on.

The allegations begin on page 7 here. Athena Strand's Father Sues Confessed Killer, FedEx, Contractor

It goes even further to allege that both Big Topspin and FedEx "knew or should have known" that TH would use the provided delivery vehicle in a manner involving unreasonable risk of harm, and were negligent by allowing him to work in a residential area where there were children. Further, that both companies had "subjective knowledge" that hiring TH would put members of the public at "extreme risk of harm".

I'm awful curious to hear exactly how both FedEx and Big Topspin knew, or should have known TH was going to do what he did, or how they had subjective knowledge he'd put members of the public in "extreme risk of harm"... given the fact he didn't have a criminal record.
I wonder if he was ever cited with driving violations?
 
I can't see how TH's employer bears responsibility for his crimes. He had no criminal record. And, if there is no history of complaints filed, TH is just like any other employee.
But as with any other employee, the company is liable for damages caused by him going about the course of their job. He has said that he hit her with his business vehicle -- anyone would sue UPS or FedEx if a driver hit them or their child while delivering packages. I mean, ultimately it's America, and anyone can sue anyone -- likely the company will settle so the family will get money they may well need.
 
is there video that shows the vehicle hitting her?

No snark intended.

If that evidence exists, it would not make a bit of difference.
By his own admission, Athena was not hurt badly at that point in time.
She was talking and appeared to be physically okay
But, because this innocent 7 year old child (according to this horrible excuse for a human) threatened to tell her dad he proceeded to try to break her neck.
I cannot imagine how incredibly terrifying and painful that would have been for that baby.
Oh, but that didn't work.
So instead he chose to strangle her of her last breath and then dump her lifeless body as though she were unwanted trash.
So...he can claim this to be an unfortunate accident.
He can claim he panicked because a tiny girl scared him so terribly that he felt he was defending himself.
Whatever.
Now, let him rot and never be remembered.

JMHO
 
And still nothing in the court site yet. Guess the DA didn't file anything like the Sheriff said they would this week....
Hi @Niner! I think they may be waiting for the Grand Jury??

The Wise County District Clerk's Office said Horner had not yet been indicted, and could not provide attorney information. The Wise County District Attorney's Office did not immediately respond to requests for comment.
 
The family of Athena Strand, the 7-year-old Texas girl allegedly kidnapped and killed by a delivery driver, is suing FedEx and one of its subcontractors, according to a lawsuit filed Tuesday.

The man suspected of killing Athena -- Tanner Lynn Horner -- delivered packages for FedEx Ground but was employed through a subcontractor, Big Topspin, Inc., according to the lawsuit.

Horner was arrested earlier this month on capital murder and aggravated kidnapping charges after authorities say he accidentally hit Athena with his vehicle while making a delivery to her home on November 30. Horner allegedly told investigators he put the girl in his van and killed her because he was scared she would tell someone she was hit by a FedEx truck, according to two arrest warrants obtained by CNN affiliate KTVT. The lawsuit was filed by Athena's father, Jacob Strand, and accuses FedEx and Big Topspin of gross negligence. The suit also accuses Horner of assault. Strand is seeking more than $1 million in damages from the companies and Horner, according to the suit.

"FedEx has continued their normal business operations although it is clear that their current efforts, if any, to ensure that they are not putting dangerous persons in a position of trust wearing FedEx uniforms, driving FedEx branded vehicles, and sending them to the doorsteps of the homes of nearly every person in America is woefully inadequate to avoid endangering the public," the lawsuit says.

FedEx and Big Topspin are accused of negligently hiring Horner, failing to properly supervise him, and failing to enforce adequate safety policies, the lawsuit says.
 
I’m sure Fed Ex has their own set of high powered lawyers that will obviously fight the lawsuit. JMO but since the guy had no criminal record, I don’t see how Fed Ex or Big Topspin could be liable. What does the Dad and his attorneys think they could have done to prevent this?
 
New safety measures arise out of tragedies (and lawsuits). Perhaps to protect themselves from future liabilities, trucking companies will increase vetting, increase cameras, even add weight checks-and-balances, to alert to the presence of unscheduled passengers.

I don't know that anyone could have foreseen this awful nightmare, except maybe the miserable, devil's belch life form who perpetrated it.

But if this lawsuit brings any comfort to the family and brings increased safety measures, the likes of which haven't been invented yet, I think that can be a good thing.

JMO
 

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