DALLAS — The father of slain 7-year old Athena Strand has filed a lawsuit following his daughter’s disappearance and death last month.
Athena was reported missing from her home Nov. 30 in Wise County, about 30 miles northwest of Fort Worth. Her body was found two days later, and authorities said 31-year-old Tanner Horner, a contract FedEx driver, confessed to kidnapping and killing her after delivering a Christmas package to her home.
Jacob Strand’s lawsuit, filed Tuesday in a Wise County court, accuses FedEx of placing “dangerous persons in a position of trust” even if they are not employed directly by the international shipping company. It seeks more than $1 million in damages.
The lawsuit also names Horner and Big Topspin, a Dallas-based contractor.
FedEx said in a written statement Wednesday that it was aware of the lawsuit. “Our thoughts remain with the family of Athena Strand in the wake of this tragedy,” the statement said.
A phone number linked to Big Topspin was disconnected Wednesday afternoon. It was unclear whether Horner had an attorney.
Horner told authorities he accidentally hit Strand while reversing his delivery van but that she was not seriously injured, according to an arrest-warrant affidavit. Horner said he panicked, threw her in the van and later strangled the 7-year-old because he worried she would tell her father, the affidavit says.
Horner faces charges of capital murder and aggravated kidnapping, and he is being held in the Wise County jail in lieu of $1.5 million bail.
According to court documents, Big Topspin services a FedEx route Athena’s home is on, and the van Horner is accused of taking the girl in is registered to the company. According to the lawsuit, Horner was authorized to wear a FedEx uniform and drive a vehicle with the FedEx Ground logo.
The lawsuit says FedEx Ground has “significant control” over Big Topspin, its employees, its contractors and its operations. It alleges the companies were negligent in hiring Horner, that they failed to properly check his background and failed to supervise him.
It also lists four incidents in recent years in which FedEx delivery drivers were accused of committing serious crimes while on their routes.
“FedEx has continued their normal business operations although it is clear that their current efforts, if any, to ensure that they are not putting dangerous persons in a position of trust … and sending them to the doorsteps of the homes of nearly every person in America is woefully inadequate to avoid endangering the public,” the lawsuit says.
Athena’s mother, Maitlyn Gandy, has hired a legal team to investigate the girl’s death. Her attorney, Benson Varghese, said the firm has sent three legal-demand letters ordering the preservation of evidence but did not confirm whether they plan to file a lawsuit.
Gandy has called for stricter hiring policies for delivery employees.
Last week, FedEx released a statement that said, “As is common across the industry and considered standard practice, employees of service provider businesses are subject to a criminal history background check as part of the eligibility process.” The company issued the same statement Wednesday when asked about how contracted delivery drivers are screened.
