Suit Filed Against FedEx Over Wrongful Death Of An Employee

Suit Filed Against FedEx Over Wrongful Death Of An Employee

Introduction

The family of an employee who died in a forklift accident in February 2022 has filed a federal lawsuit against FedEx, demanding $3.5 million in damages.

Memphis' attorney filed the wrongful death claim on behalf of the deceased's 33-year-old family. The lawsuit seeks $3.5 million in compensatory damages, which is the highest permitted under Tennessee law.

On February 18, 2022, at 2 a.m., authorities received an emergency call reporting a "personal injury" at the FedEx World Hub at Memphis International Airport. According to preliminary information from the Memphis Police Department, a lady was driving a forklift when an accident happened, killing her.

After the plaintiff was slain, the Tennessee Occupational Safety and Health Administration (TOSHA) launched an inquiry. For the first time, details from the investigation have been revealed, providing insight into the reason for the disaster.

The investigation, which included interviews, video surveillance footage examination, a walk-around inspection, and a study of papers and records, indicated that the following conditions existed at the time of the employee's death:

1. The employer did not verify that damaged yard ramps were removed from use and were not used by employees.
2. Adequate instruction in the safe use of forklifts, specifically on a yard ramp, was not provided.
3. The employer did not require employees to wear seatbelts when using a forklift.
4. The employer did not check that yard ramps were securely fastened to trailers before using the forklift on the yard ramp.

TOSHA found FedEx Express guilty of six "severe" infractions and one "other-than-serious" violation during the inquiry into the lady's death, resulting in $26,000 in fines.

According to the investigation report, the employee was a team lead in Heavy Weight Operations when the forklift she was driving toppled and landed on her. According to her coworkers, she was driving a forklift on a yard ramp in preparation for loading palletized material onto a trailer in the Trucking Section of the International Heavy Weight Operations Canopy prior to the disaster.

A witness stated that the forklift became stuck on the ramp when the left rear wheel went over the curb and off the ramp. The victim then exited the forklift. According to the witness, another Forklift Operator brought another forklift over to assist in getting the victim forklift unstuck. Following repeated tries with the other to dislodge the forklift, the victim returned to her forklift and shifted it into reverse. According to the witness, she then fell out of the forklift, which flipped over and landed on her. The victim was not wearing a seatbelt at the time of the collision, according to the report.

According to the security footage, when the forklift rolled back, the right rear wheel seemed to crash into a depression in the yard ramp grating, causing the forklift to become unstable, ejecting the victim and overturning on top of her.

TOSHA's walk-around inspection revealed a major dent in the yard ramp, as well as numerous safety violations in the Trucking Area. According to the victim's attorney, she was concerned about working conditions at the time of her tragic death.