The new civil lawsuit from the fired driver seeks $5 million.
By Kalyn Womack
D’Monterrio Gibson, the former FedEx delivery driver who said two white men chased him down in a racist attack, filed his second lawsuit following the incident. Why the second one, you ask?
A judge dismissed the first one because his argument was weak.
Gibson alleges that, on Jan. 24, 2022, he was making deliveries in an unlabeled van but in his FedEx uniform when father Gregory Case and his son Brandon chased him down in their pickup truck, shooting bullets into his van.
Following this incident, Gibson alleged he was forced to work the same route despite telling his employer about the alleged attack. His original $5 million lawsuit was filed against the city of Brookhaven, Miss., the city’s police chief, the father-son duo and FedEx, which he claimed discriminated against him.
However, U.S. District Judge Daniel Jordan dismissed the suit in August.
“Gibson fails to state a viable claim against FedEx for which the Court would have original jurisdiction,” Jordan said.
Gibson’s new lawsuit names his former employer and the two men as defendants.
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.
As if Gibson’s case didn’t take enough blows, he was let go by FedEx shortly after his suit was dismissed. Plus, a judge declared a mistrial in the criminal case against the two men who are facing attempted murder charges. The two are out on bond until a new trial date is set.
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