JACKSON, Miss. — 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…
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