A lawsuit claims FedEx was grossly negligent and caused the death of Michael Merton on October 17 at the Lubbock Preston Smith International Airport.  Merton’s family was in the process of filing the lawsuit Tuesday in Lubbock County. 

“Merton was working as a mechanic inside an airplane owned and operated by Defendant FedEx,” the lawsuit said.  “Merton was crushed inside of the airplane where he was working, which caused his life-ending injuries.”

Among other things, the lawsuit accused FedEx of being indifferent to employee safety by “failing to adequately train FedEx employees how to safely and properly perform the tasks they were assigned.”

The lawsuit also accused FedEx of “failing to properly instruct and supervise FedEx employees for the tasks they were assigned.”

The lawsuit did not say specifically how the accident happened and so far neither have investigating agencies such as the Federal Aviation Administration and the Occupational Safety and Health Administration.  

The lawsuit did not list a specific amount of money but the family “would instead rely upon the collective wisdom of the jury to determine an amount.”

In response to news of a lawsuit, FedEx on Tuesday said, “We remain deeply saddened by this tragic accident, and our thoughts and prayers are with the family.   FedEx is continuing to cooperate with authorities in the ongoing investigation.”  

Related Link: OSHA Investigating Deadly Incident at Lubbock Airport  

A copy of the written statement from the law firm of Glasheen, Valles & Inderman is as follows: 

Wrongful Death Lawsuit Filed in FedEx Mechanic Death at Lubbock Airport

LUBBOCK, Texas—The law firm of Glasheen, Valles & Inderman has filed a wrongful death lawsuit against FedEx Freight, Inc. in Lubbock County District Court Tuesday on behalf of Tandi Wagner and Kristi Ramirez for the wrongful death of their father, Michael Merton. Merton was killed on October 17 when he was crushed inside of the airplane on which he was working.

A copy of the lawsuit can be viewed and downloaded here.

The lawsuit names FedEx Freight, Inc., Merton’s employer, as the sole defendant, and it alleges that FedEx failed to train its employees regarding safety procedures, failed to follow safety procedures, and failed to provide a safe place to work. The plaintiffs in the law suit are seeking exemplary damages for the loss of their father.

Kevin Glasheen, the attorney for the plaintiffs, said one of the reasons for filing the lawsuit was the complete lack of information and communication from both FedEx and the Federal Aviation Administration. “My Clients want to know why their Dad died, and they want to make sure this doesn’t happen to anyone else. These kinds of work injuries are usually a failure of the lockout/tagout procedure that’s supposed to make sure machinery isn’t activated during maintenance. That will be our first line of inquiry.”

For further information, including attorney or client interview requests, please contact attorney Kevin Glasheen of Glasheen, Valles & Inderman, LLP at (806) 789-0734.

Glasheen, Valles & Inderman is a personal injury law firm with offices in Lubbock, Odessa, Austin, El Paso, and Albuquerque. GVILAW.COM