A Black former FedEx driver who said he was shot at by two white men while on the job has filed a new lawsuit.
D'Monterrio Gibson filed a second lawsuit earlier this month against Brandon Case, his father, Gregory Case, and FedEx, his former employer, following an alleged January 2022 encounter where the men shot into his work van and pursued him in a high-speed chase, per NBC News.
The second lawsuit comes after a federal judge dismissed Gibson's initial $5 million lawsuit in August.
“The Cases’ alleged conduct is deplorable,” U.S. District Judge Daniel Jordan wrote at the time. “But Gibson fails to state a viable claim against FedEx for which the Court would have original jurisdiction.”
Gibson wasn't wounded during the encounter, but FedEx forced him to work the same route when he returned to the job, which caused him to have “depression, stress, anxiety, loss of sleep, and emotional pain and suffering,” according to the lawsuit.
In a statement on Wednesday (November 29), FedEx spokesperson Austin Kemker denied Gibson's claims.
“Our top priority is always the safety and well-being of our employees. FedEx denies the allegations and will vigorously defend the lawsuit," Kemker said.
Gibson previously said he was driving around to deliver a package last year when Gregory attempted to block him from leaving a neighborhood with his truck.
"He tries to cut me off and like instantly, my instincts kicked in. I swerved by him," Gibson told GMA.
As he was trying to drive away, Gibson said he spotted Brandon pointing a gun at his delivery van.
"When he got past him, the guy started shooting towards his vehicle. The back of his vehicle was hit several times," Carlos Moore, Gibson's attorney, previously said.
The Cases were charged with attempted murder, but a judge declared a mistrial in August, citing a police detective sharing information that wasn't previously disclosed to the plaintiff's and defendant's legal teams.
In the aftermath of the shooting, Gibson was placed on worker's compensation leave, receiving about one-third of his pay. He was fired on July 26, according to a termination email.
Gibson's attorney said FedEx fired him after he didn't take a part-time, non-courier job they offered in mid-July.
His new lawsuit seeks at least $5 million.