Filed 12/13/2022 3:53 PM

NOTICE: THIS DOCUMENT Brenda Rowe, District Clerk

Wise County, Texas
CONTAINS SENSITIVE DATA By: Janean Kerr

CV22-12-895
No. __________________

JACOB STRAND as § JN THE WISE COUNTY

Personal Representative of §
ATHENA STRAND , deceased; § DISTRIC T COURT
§
Plaintiff, §
§
vs. § 271 ST JUDICIA L DISTRIC T
§
TANNER HORNER ; §
BIG TOPSPIN , INC; AND §
FEDEX GROUND PACKAG E §
SYSTEM , fNC . § WISE COUNTY , TEXAS
§

Defendants.

PLAINTIFF'S ORIGINAL PETITION, JURY DEMAND, AND REQUEST FOR

DISCLOSURE

TO THE HONORA BLE JUDGE OF SAID COURT:

COME NOW, Jacob Strand, as Personal Representative of Athena Strand, deceased; and

files this Original Petition, Jury Demand, and Request for Disclosure against Defendants Tanner

Homer ("Homer" ), Big Topspin, Inc., ("Big Topspin" ) and Fedex Ground Package System, Inc.

("FedEx Ground") and allege as follows:

I. INTRODUCTION

I. This is a tragic case involving a seven (7) year old girl whose life was taken from

her when she was taken from the front yard of her home by a FedEx Ground delivery person.

Tanner Homer, an employee of Big Topspin, Inc and/or FedEx Ground, drove along a

predetermined route set by Big Topspin, Inc. and FedEx Ground to deliver a package to Athena's

home. Athena was playing in the front yard during this delivery. During the delivery Mr. Homer

hit Athena with his FedEx van. Mr. Homer while wearing a FedEx uniform either took Athena

into the van or enticed her to enter the van. Mr. Homer stated after his arrest that Athena was not
seriously hurt during the delivery. Mr. Homer told law enforcement that he was concerned Athena

would report that she had been hit by the FedEx van. Mr. Homer told law enforcement that while

Athena was in his FedEx vehicle, he tried to break Athena's neck, failed, and then strangled her

until she died. Mr. Homer then drove Athena's body in his FedEx truck and concealed Athena's

body in a remote area. Mr. Homer told law enforcement that he killed Athena because he was

worried that Athena would tell her dad that she had been hit by the FedEx vehicle.

Il. DISCOVERY CONTROL PLAN

2. Pursuant to Texas Rule of Civil Procedure 190. l discovery is intended to be

conducted under Level 3 of Rule 190.3 of the Texas Rules of Civil Procedure.

Ul. AMOUNT IN CONTROVERSY

3. As required by Texas Rule of Civil Procedure 47, Plaintiff states that they are

seeking monetary relief of over $1,000,000.00.

IV. PARTIES

4. Plaintiff Jacob Stand as Personal Representative of Athena Strand, deceased, is an

individual residing in Paradise, Texas. The last three digits of his driver's license number are 423

and the last three digits of his social security number are 197.

5. Defendant Tanner Homer is an individual and is a resident of Dallas County,

Texas. He may be served at 200 Rook Ramsey Dr., Decatur, TX 76234 or wherever he may be

found.

6. Defendant Big Topspin, Inc. is a Texas for-profit corporation doing business in

Dallas County, Texas and may be served with process through its registered agent Richard G.

Davis ill at 17418 River Hill Dr. Dallas, Texas 75287.

2
 7. Defendant FedEx Ground Package System, Inc. is a foreign corporation doing

business in Texas and may be served with process by serving its registered agent, CT

Corporation, at 1999 Bryant Street, Suite 900, Dallas, Texas 75201.

V. JURISDICTION AND VENUE

8. This Court has personal jurisdiction over all of the parties in this suit because

some or substantially all of Defendants' tortious acts occurred in Wise County, Texas and form

the basis of this litigation.

9. This Court has subject matter jurisdiction over this lawsuit because the amount in

controversy exceeds this Court' s minimum jurisdictional requirements.

I 0. Venue is proper in this Court pursuant to Texas Civil Practices & Remedies Code

§ I 5.002(a)(l) because all or a substantial part of the events giving rise to the Plaintiffs claims

occurred in Wise County, Texas.

VI. STATEMENT OF FACTS

11. Athena Strand was a seven (7) year old girl. She lived with both her father Jacob

Strand and her mother Maitlyn Gandy. Jacob and Maitlyn had divorced and shared custody of

Athena. Jacob and Maitlyn are the sole beneficiaries under Texas ' s Wrongful Death Statute.

12. On November 30, 2022 in the afternoon Athena was playing in the front yard of

her home in Paradise, Texas.

13. At 18 :41 hours Athena' s stepmother and Jacob' s wife, Elizabeth Strand, called 911

to report that Athena was missing.

14. An extensive search was undertaken to find Athena.

15. Wise County Sheriff's Deputies learned that FedEx Ground had delivered a

package to Athena' s home around the time Athena went missing.

3
 16. Wise County Sheriffs Deputies learned that the FedEx Ground route that Athena's

home was on was serviced by Big Topspin, Inc.

17. Law enforcement was able to obtain video from the FedEx Ground van that had

made the delivery to Athena's home. An FBI employee viewed the video and was able to discern

that the driver of the FedEx Ground vehicle had taken a young girl matching Athena's appearance

into the FedEx Ground vehicle.

18. Law enforcement located Defendant Homer, mirandized him, and interviewed him.

Defendant Homer stated that when he was backing up in his FedEx Ground vehicle, he accidentally

hit Athena with his vehicle. Defendant Horner stated that Athena was not seriously injured by his

FedEx vehicle. Defendant Homer stated he panicked after hitting Athena with the FedEx Ground

vehicle and put Athena in his FedEx Ground vehicle.

19. Defendant Homer stated Athena was alive when he placed her in bis FedEx vehicle.

Defendant said Athena was talking to him. Defendant Horner stated he tried to break Athena's

neck, failed to do so, and then strangled her to death in the back of his FedEx Ground vehicle.

20. Defendant Homer told law enforcement that he strangled Athena because she was

going to tell her father about being hit by the FedEx Ground vehicle Defendant Horner was

operating.

21. Defendant Horner never reported to Big Topspin or FedEx ground that he had hit

Athena with his FedEx vehicle.

22. Defendant Tanner Horner is an employee of Big Topspin and is authorized to wear

a FedEx Ground uniform and drive a vehicle conspicuously bearing the FedEx Ground logo to

deliver packages to FedEx Ground customers who live on FedEx Ground routes that Big Topspin

services for FedEx Ground.

4
 23. FedEx Ground retains significant control over the specific manner in which Big

Topspin and its employees and contractors deliver FedEx Ground packages and maintains

significant control over Big Topspin and its employees.

24. FedEx Ground delivery drivers have recently committed numerous assaults, rapes

and murders of persons across the country. In each of these cases FedEx stated that they were

"appalled". In 2021 a New York a delivery driver lured teenagers into his FedEx delivery vehicle

and sexually assaulted the teenagers. In 2022 a FedEx driver located in Utica, New York murdered

a woman on his route and burned her house to the ground. In March of 2022 a FedEx driver in

Connecticut broke into a woman 's home on his route and held her at gunpoint. On December 22,

2021 a FedEx Ground driver in North Carolina was charged with breaking into 11 homes along

his FedEx delivery route: stolen jewelry and guns were located in the driver's FedEx Ground

vehicle.

25. In this case a FedEx spokeswoman addressed the media as follows, "words cannot

describe our shock and sorrow at the reports surrounding this tragic event".

26. 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

wearing FedEx uniforms, driving FedEx branded vehicles, and sending them to the doorsteps of

the homes of nearly every person in America is woefully inadequate to avoid endangering the

public.

VII. ASSAULT BY INFUCTJON OF BODILY INJURY -TANNER HORNER

27. To the extent not inconsistent herewith. Plaintiff incorporates by reference all of

the above facts and paragraphs as if set forth fully herein.

5
 28. Defendant Tanner Horner intentionally, knowingly, and recklessly made contact

with Athena Strand's body including but not limited to striking her to attempt to break her neck

and strangling her to death.

29. Big Topspin and FedEx Ground are jointly and severally liable for the acts and/or

omissions of Defendant Homer through the theories ofrespondeat superior, ostensible agency,

actual agency, and/or other agency principles.

30. Defendant Homer's wrongful conduct resulted in the following damages: past and

future medical and burial expenses; past and future pain and suffering; past and future mental

anguish; past and future lost earning capacity; past and future lost income; past and future loss of

consortium; past and future loss of society and companionship; and past and future loss of

enjoyment of life. In addition to each of these damages, Plaintiffs also seek prejudgment and

post-judgment interest as well as compensable court costs.

VIII. NEGLIGENCE - BIG TOPSPIN, INC & FED EX GROUND PACKAGE

SYSTEM, INC.

3I . To the extent not inconsistent herewith, Plaintiffs incorporate by reference all of

the above facts and paragraphs as if set forth fully herein.

32. Big Topspin and FedEx Ground each had a duty to exercise ordinary care, that is,

to do what a person of ordinary prudence would have done under the same or similar

circumstances.

33. Big Topspin and FedEx Ground did not use that degree of care that would be used

by a person of ordinary prudence under the same or similar circumstances.

34. Big Topspin and FedEx Ground breached the duty of care, including but not

limited to, the following ways:

6
 a. In the negligent hiring of Defendant Tanner Horner;

b. In failing to properly investigate Defendant Tanner Homer's criminal history,

mental health history, and prior employment;

c. In failing to properly supervise Defendant Tanner Homer;

d. In the reckless employment of Defendant Tanner Homer;

e. In failing to implement safety policies and procedures;

f. ln failing to enforce safety policies and procedures;

g. In failing to promulgate reasonable safety rules for its employees;

h. In failing to implement an effective safety policy for FedEx Ground delivery

drivers;

1. In failing to enforce safety standards;

J. In failing to supervise and direct safety personnel and managers; and

k. In failing to monitor company compliance with safety policies and procedures.

35. Each and all of the foregoing acts, both of omission and commission, were

negligent and constituted negligence, and were each and all, independently and/or concurrently

the sole proximate cause of the incident and damages to Plaintiff made the basis of this suit,

including past and past and future medical and burial expenses; past and future pain and suffering;

past and future mental anguish; past and future lost earning capacity; past and future lost income;

past and future loss of consortium; past and future loss of society and companionship; and past

and future loss of enjoyment of life. In addition to each of these damages, Plaintiffs also seek

prejudgment and post-judgment interest as well as compensable court costs.

IX. NEGLIGENT ENTRUSTMENT - BIG TOPSPIN, INC & FED EX

GROUND PACKAGE SYSTEM, INC.

7
 36. To the extent not inconsistent herewith, Plaintiff incorporates by reference all of

the above facts and paragraphs as if set forth fully herein.

37. Big Topspin and FedEx Ground supplied Defendant Horner with the FedEx vehicle

that he drove to Athena Strand's home as well as a FedEx Ground uniform to wear.

38. Big Topspin and FedEx Ground knew or should have known that Defendant Horner

would use the motor vehicle in a manner involving an unreasonable risk of harm as described in

the paragraphs above. Big Topspin and FedEx Ground have been further negligent with allowing

Defendant Horner to work as a delivery driver in a residential area in which he came into contact

with vulnerable members of the public, including children.

39. The death of Athena Strand resulted from Defendant Homer's use of his FedEx

Ground uniform and vehicle, resulting in the following damages to Plaintiff: past and past and

future medical and burial expenses; past and future pain and suffering; past and future mental

anguish; past and future lost earning capacity; past and future lost income; past and future loss of

consortium; past and future loss of society and companionship; and past and future loss of

enjoyment of life. In addition to each of these damages, Plaintiffs also seek prejudgment and post-

judgment interest as well as compensable court costs.

X. GROSS NEGLIGENCE - BIG TOPSPIN, INC & FED EX GROUND

PACKAGE SYSTEM, INC.

40. To the extent not inconsistent herewith, Plaintiff incorporates by reference all of

the above facts and paragraphs as if set forth fully herein.

41 . Big Topspin and FedEx Ground's course of conduct shows a reckless indifference

to consequences without the exertion of any substantial effort to avoid them. Big Topspin and

FedEx Ground acted willfully, wantonly, and/or with reckless disregard to the consequences to

8
Plaintiff. Big Topspin and FedEx Ground actions and inactions constituted an extreme risk of

harm to the public, including Athena Strand. Big Topspin and FedEx Ground's had a subjective

awareness of this risk and proceeded in spite of the risk with conscious indifference.

42. Big Topspin and FedEx Ground as a result of their conduct, policies, failure to

train, failure to investigate, failure to supervise, and other acts and omissions, had subjective

knowledge that hiring and retaining Defendant Tanner Horner would involve an unreasonable

risk of harm to FedEx Ground's and Big Topspin's customers and hired and retained Mr. Homer

in spite oftbe extreme risk of harm with conscious indifference.

43. Defendant Homer's conduct resulted form the actions and inaction of corporate

officers, directors and managers of Big Topspin and FedEx Ground in one or more of the

following respects:

a. In the negligent hiring of Defendant Tanner Homer;

b. In failing to properly investigate Defendant Tanner Homer's criminal history,

mental health history, and prior employment;

c. In failing to properly supervise Defendant Tanner Homer;

d. In the reckless employment of Defendant Tanner Horner;

e. In failing to implement safety policies and procedures;

f. In failing to enforce safety policies and procedures;

g. In failing to promulgate reasonable safety rules for its employees;

h. ln failing to implement an effective safety policy for FedEx Ground delivery

drivers;

1. In failing to enforce safety standards;

j. In failing to supervise and direct safety personnel and managers;

9
 k. In failing to monitor company compliance with safety policies and procedures;

and,

I. ln entrusting the FedEx uniform and FedEx vehicle to Defendant Homer;

44. Big Topspin and FedEx Ground acts and/or omissions as described above

proximately caused harm to Plaintiff which resulted in the following damages: past and past and

future medical and burial expenses; past and future pain and suffering; past and future mental

anguish; past and future lost earning capacity; past and future lost income; past and future loss of

consortium; past and future loss of society and companionship; and past and future loss of

enjoyment of life. In addition to each of these damages, Plaintiffs also seek prejudgment and

post-judgment interest as well as compensable court costs.

XI. EXEMPLARY DAMAGES

45. To the extent not inconsistent herewith, Plaintiff incorporates by reference all of

the above facts and paragraphs as if set forth fully herein.

46. Defendants acted with gross negligence and malice, which justifies an award of

punitive damages under Texas law. The acts or omissions of Defendants constitute gross

negligence and malice, as those terms are defined in Texas Civil Practice and Remedies Code

section 41.001(7), (11).

47. Further, the limit on exemplary damages in Texas Civil Practice and Remedies

Code section 41.008 does not apply because Plaintiff seek recovery of exemplary damages based

on conduct described as a felony in Texas Penal Code section 19.02, murder.

48. The grossly negligent and malicious acts and/or omissions of Defendants were a

proximate cause of actual damages to Plaintiff in an amount within the jurisdictional limits of

this Court, for which Plaintiffs seek judgment.

 XII. JURYDEMAND

49. Plaintiff respectfully request that the trial of this cause be by jury, and Plaintiffs

will tender the requisite fee.

XIII. REQUEST FOR DISCLOSURES

50. Pursuant to Texas Rule of Civi I Procedure 194, Plaintiff requests that Defendant

disclose within fifty (50) days of service of this request, the information and/or material described

in Rule 194.2.

XIV. PRAYER

5 L. For these reasons, Plaintiff asks that the court issue citation for Defendants to

appear and answer, and that Plaintiff be awarded a judgment against Defendant for the following:

a. Past and future medical and burial expenses;

b. Past and future pain and suffering;

c. Past and future mental anguish;

d. Past and future lost earning capacity;

e. Past and future lost income;

f. Past and future loss of household services;

g. Past and future loss of consortium;

h. Past and future loss of society and companionship;

1. Past and future loss of enjoyment of life;

J. All other economic damages allowed by law;

k. Exemplary damages without cap or limitation;

I. Prejudgment and post-judgment interest at the maximum rate allowable by law;

m. Costs of Court; and

11
 n. All other relief to which Plaintiff may be justly entitled, at low or in equity.

Dated the 12th day of December 2022.

Respectfully submitted

Isl Jason Bowles

R. Jason Bowles
Bowles Law Firm
4811 Hardware Drive, N.E., Suite D-5
Albuquerque, New Mexico 87109
Telephone: (505) 217-2680
Email: jason@bowles-lawfirm.com

--and--

PAUL BELEW, PLLC.

P.O. Box 2409
Decatur, Texas 76234
(817) 703 - 8312
(877) 817 - 3731 Facsimile

BY: Isl PAUL BELEW

Paul Belew
State Bar No.: 00794926

pbelew@gmail.com

ATTORNEY(S) FOR PLAINTIFF JACOB STRAND as

Personal Representative of ATHENA STRAND, deceased.

12