TX - Athena Strand, 8, Abducted & Murdered By FedEx Contract Driver, Tanner Horner, Paradise, 2022 #2

[MsMarple]

I’m sure Fed Ex has their own set of high powered lawyers that will obviously fight the lawsuit. JMO but since the guy had no criminal record, I don’t see how Fed Ex or Big Topspin could be liable. What does the Dad and his attorneys think they could have done to prevent this?

The dad is claiming that FedEx and Big Topspin should have foreseen that Horner would pose a lethal danger to Athena but I haven't yet seen anything that supports that allegation. It doesn't mean that he and his attorneys don't have evidence that FedEx knew Horner posed a danger to children on his route, it's just that I'm not aware of any criminal history that would demonstrate the danger.

Remember Chloe Wiegand? Her parents claimed the cruise line should have foreseen the possible danger of Chloe's grandfather holding her outside a window and letting her fall but the judge disagreed and thus he dismissed the case as having no standing.

I'm not convinced that the father is just looking for money as much as he's looking to hold FedEx and Big Topspin responsible for his child's death. As sad as it is unless there's something we don't know I can't see the suit going forward. JMO.

 

[PommyMommy]

https://twitter.com/x/status/1603884477352185864

 

[BeckyF]

The dad is claiming that FedEx and Big Topspin should have foreseen that Horner would pose a lethal danger to Athena but I haven't yet seen anything that supports that allegation. It doesn't mean that he and his attorneys don't have evidence that FedEx knew Horner posed a danger to children on his route, it's just that I'm not aware of any criminal history that would demonstrate the danger.

Remember Chloe Wiegand? Her parents claimed the cruise line should have foreseen the possible danger of Chloe's grandfather holding her outside a window and letting her fall but the judge disagreed and thus he dismissed the case as having no standing.

I'm not convinced that the father is just looking for money as much as he's looking to hold FedEx and Big Topspin responsible for his child's death. As sad as it is unless there's something we don't know I can't see the suit going forward. JMO.

The only accusation I’m aware of is by a woman who posted on SM a long time ago that the arrested man raped her. Apparently no charges were filed, so that is just hearsay. IMO

 

[LadyL]

No snark intended.

If that evidence exists, it would not make a bit of difference.
By his own admission, Athena was not hurt badly at that point in time.
She was talking and appeared to be physically okay
But, because this innocent 7 year old child (according to this horrible excuse for a human) threatened to tell her dad he proceeded to try to break her neck.
I cannot imagine how incredibly terrifying and painful that would have been for that baby.
Oh, but that didn't work.
So instead he chose to strangle her of her last breath and then dump her lifeless body as though she were unwanted trash.
So...he can claim this to be an unfortunate accident.
He can claim he panicked because a tiny girl scared him so terribly that he felt he was defending himself.
Whatever.
Now, let him rot and never be remembered.

JMHO

well he's probably lying about her threatening to tell her dad too which is why I asked about any surveillance video but yes, I agree he needs to rot

 

[Knox]

I wonder if he was ever cited with driving violations?

Record Count:	3
Search By: Defendant Party Search Mode: Name Last Name: horner First Name: tanner All All Sort By: Filed Date

Case Number	Citation Number	Defendant Info	Filed/Location	Type/Status	Charge(s)
JP04-19-M00035120	T11966	HORNER, TANNER L	04/29/2019 JP No. 4	Traffic Collection Pending	Fail to Maintain Financial Responsibility (#)
JP04-19-M00035121	T11966	HORNER, TANNER L	04/29/2019 JP No. 4	Traffic Collection Pending	Display Expired License Plates/Registration (#)
JP05-22-M00026192	TX6AV50TNLS1	HORNER, TANNER LYNN	05/25/2022 JP No. 5	Traffic Filed

The 5/25/22 ticket is a failure to pay toll ...

 

[Niner]

Hi @Niner! I think they may be waiting for the Grand Jury??

The Wise County District Clerk's Office said Horner had not yet been indicted, and could not provide attorney information. The Wise County District Attorney's Office did not immediately respond to requests for comment.

Athena Strand's father sues FedEx, Dallas contractor who hired man charged in her death

Jacob Strand is suing FedEx and Big Topspin for negligence in hiring Tanner Horner, the man arrested and charged with killing Athena Strand.

www.keranews.org

Thank you for this info! Waiting patiently then....

 

[PommyMommy]

DEC 16, 2022

Athena Strand's mom would tell her daughter's killer 'he is nothing, and she is everything' if given the chance

In her first TV interview, Maitlyn Gandy reacts to the confession of her daughter's accused killer and opens up about what broke her while laying Athena to rest.

www.wfaa.com

[...]

Now ready to speak publicly in the wake of losing her daughter, Gandy tells WFAA that Sheriff Lane Akin broke the news to her alongside Athena's father, Jacob.

"I knew from the moment that Sheriff Akin walked in that he would tell me everything that I had felt that happened," Gandy says. "It's hard to look people in the face when you're giving them the worst news of their life. So I knew when he walked into the room, and he was looking down. I remember feeling broken and empty, and I couldn't breathe. It took my dad and the FBI trauma agent to help me start breathing again."

[...]

"Jacob and I are very forgiving people," Gandy says. "If Athena was not injured or there were just bumps and scrapes, he could have just driven away. Accidents happen, but he chose to do more -- and what he did was unforgivable. I did Athena's hair and dressed her before the funeral. I have a hard time believing Athena couldn't have walked away. Athena could have just walked away... and I wish he would have let her."

[...]

"I support the death penalty," Gandy says. "Every breath he takes is one my daughter doesn't."

[...]

If there were anything Gandy could ask or say to Horner, she would give him a simple reminder.

"If I could sit down in front of him, I would tell him that he is nothing, but Athena is absolutely everything," Gandy says. "And I will make sure that everybody in this world knows that."

[...]

Above all, Gandy says she has a simple wish: Do not forget Athena Strand.

"I want people to know her," Gandy says. "She's not just a name or a face. She was a real little girl, and she was taken from me. I want people to know not to take the time with their children for granted because I would do anything to go back to May 23, 2015, and relive every moment from that time forward."

 

[mickey2942]

Are FedEx Drivers bonded?

No. And this driver worked for a contract company, driving a FedEx truck.

I don't see how this could have been prevented by FedEx. If they have a standard background check, the guy was clean. He saw a child, crime of impulse and random opportunity. Completely unpredictable.

 

[Erutan]

is there video that shows the vehicle hitting her?

Agreed.

Also, are there cameras in the front/cab area and in the back ?
If not, there should be, not only for the safety of other people but also for the driver.

 

[JudgeJudi]

Agreed.

Also, are there cameras in the front/cab area and in the back ?
If not, there should be, not only for the safety of other people but also for the driver.

Article dated Oct 18, 2021

Safety vs. privacy issues arise as FedEx Express installs driver-facing cameras in vehicles.

FedEx Express recently began installing driver-facing cameras in pickup and delivery vehicles. FedEx and some industry experts say it can protect against fraudulent and unsafe driving claims. Some drivers call it an invasion of privacy.

https://www.bizjournals.com/memphis...press-installing-driver-cameras-delivery.html

Subscription required to read more.

As I can't read the rest of the article, I can't comment about rear facing cameras.

 

[mickey2942]

Spectrum paying over $7B in damages after employee robbed, stabbed Texas woman to death

Spectrum is paying over $7 billion in damages after a cable installer from the company robbed and stabbed an 83-year-old Texas woman to death.

www.kxxv.com

Unrelated, but related to suing a company for damages done by an
Employee. And this is scary! Spectrum was found guilty of NOT performing a routine background check of an employee, one who goes into people's homes!!! Then, they tried to cover it up!!!!

 

[Cryptic]

As sad as it is unless there's something we don't know I can't see the suit going forward. JMO.

I think your legal analysis is 100% correct given the available evidence. At the end of the day, crystal balls regarding potential human behavior dont exist.

And now, the "but".....

Sue'em attorneys sue with two different goals:

A. Sue to win.
B. Sue to settle.

Most suits are Sue to settle type suits where the target is "shook down" until they offer a settlement to avoid escalating legal costs, bad publicity, or both. In this case, FED Ex may conclude that fighting the case to a victory is not worth the bad publicity.

So....Fed Ex then offers an "undisclosed settlement" to end the matter. The amount is large enough to make the Sue'em attorney go away, but not so large that FED Ex is viewed as an easy shake down and rumors of a mega settlement for lacking a crystal ball lead to more lawsuits.

 

[Chelly]

I think your legal analysis is 100% correct given the available evidence. At the end of the day, crystal balls regarding potential human behavior dont exist.

And now, the "but".....

Sue'em attorneys sue with two different goals:

A. Sue to win.
B. Sue to settle.

Most suits are Sue to settle type suits where the target is "shook down" until they offer a settlement to avoid escalating legal costs, bad publicity, or both. In this case, FED Ex may conclude that fighting the case to a victory is not worth the bad publicity.

So....Fed Ex then offers an "undisclosed settlement" to end the matter. The amount is large enough to make the Sue'em attorney go away, but not so large that FED Ex is viewed as an easy shake down and rumors of a mega settlement for lacking a crystal ball lead to more lawsuits.

But what if the coroner/autopsy reports clearly state she did not sustain injuries consistent with being struck by a vehicle? Would FedEx settle just to make the lawsuit go away or would settling create more bad publicity? I admit I can't come to a logical opinion on this.

 

[Cryptic]

But what if the coroner/autopsy reports clearly state she did not sustain injuries consistent with being struck by a vehicle? Would FedEx settle just to make the lawsuit go away or would settling create more bad publicity?

Yes, I think they will.

But..... they key question might be: How much will they settle for?

Fed Ex could offer the Sue'em attorney a fraction of what a jury awards, or if talks occur before the trial, a fraction of what is demanded.

In the end, FeD Ex's strength could be that Texas appellate courts are probably pretty conservative as a whole to begin with. They might not buy a "The large company must be at fault- should of had a crystal ball" presentation.

This could support a Fed Ex position of: "Though we are not at fault, we are deeply horrified. Please accept this compensation- but no, you dont want this going to the appellate courts....."

 

[Chelly]

Yes, I think they will.

But..... they key question might be: How much will they settle for?

Fed Ex could offer the Sue'em attorney a fraction of what a jury awards, or if talks occur before the trial, a fraction of what is demanded.

In the end, FeD Ex's strength could be that Texas appellate courts are probably pretty conservative as a whole to begin with. They might not buy a "The large company must be at fault- should of had a crystal ball" presentation.

This could support a Fed Ex position of: "Though we are not at fault, we are deeply horrified. Please accept this compensation- but no, you dont want this going to the appellate courts....."

OK . Thanks for further explanation. Makes sense to me.
ETA...Seems many people have an "I will just sue" mentality. moo

 

[Ontario Mom]

OK . Thanks for further explanation. Makes sense to me.
ETA...Seems many people have an "I will just sue" mentality. moo

Honestly, it sounds like a lawyer read the story and had dollar signs register in his eyes like they used to show in cartoons. Folks like that used to be called ambulance chasers. I can't say if that's what happened in this case but it was the first thing I thought of when I heard there was a lawsuit.

jmo

 

[ChatteringBirds]

I don't judge the family, if they sue. I don't think any of us can know if we would sue in their situation. (ETA: I'm not talking about the lawyers, just this devastated family.)

 

[PawneeDew]

Not a lawyer but none, in my book. Holding FedEx and/or Big Topspin responsible is baseless IMO.

Maybe more safety regulations? (Supposedly hit her with the truck?) Do they drug test employees?

 

[PawneeDew]

well he's probably lying about her threatening to tell her dad too which is why I asked about any surveillance video but yes, I agree he needs to rot

He may be lying about hitting her with the truck, also..who knows

 

[LadyL]

He may be lying about hitting her with the truck, also..who knows

yep that's why I asked about the video