FedEx "Denies the Allegations" in Lubbock Wrongful Death Lawsuit

LUBBOCK, TX - Last week, FedEx Freight, Inc. responded in court records to a lawsuit in Lubbock.  The lawsuit said FedEx was negligent in the October 17 death of Michael Merton at the Lubbock Preston Smith International Airport.  

FedEx raised a number of legal technicalities and “generally denies the allegations” in court records.

FedEx Freight also said, “Defendant specifically denies that Plaintiffs sued the correct Defendant. [Michael Merton] was not employed by FedEx Freight, Inc., and FedEx Freight, Inc. did not own the airplane in question.”

FedEx Freight did not explain in court records if Merton was employed by some other subdivision of FedEx such as Federal Express Corporation.

FedEx also petitioned to have the case moved from state court to federal court.  A footnote in the court docket on Tuesday said the case is “not proceeding” but if there was a settlement it was not yet reflected in the federal docket. 

Merton’s family sued FedEx on October 31.  

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.  

The lawsuit sought unspecified money damages. 

Related Story: FedEx Sued for Deadly Workplace Accident in Lubbock 

Related Story: OSHA Investigating Deadly Incident at Lubbock Airport 


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