The father of Athena Strand, a 7-year-old girl allegedly killed by a FedEx driver in Texas, has filed a lawsuit against the company for negligence.
"This is a tragic case involving a seven 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," the lawsuit states.
Jacob Strand filed the lawsuit on Dec. 13 after his daughter disappeared from her home in Paradise, Texas, on Nov. 30. She was found dead two days later in a body of water in Boyd, a city about 11 miles away, police said.
Tanner Lynn Horner, 31, a FedEx contract driver, was arrested on charges of capital murder and aggravated kidnapping on Dec. 3. According to an arrest affidavit, Horner said he accidentally hit the girl with his truck, and that even though she was not seriously injured, he "panicked and put her in the van."
Horner told authorities he was worried the girl would tell her father she had been struck by the truck and then killed her, according to the affidavit. Horner was employed by Big Topspin, a company contracted by FedEx, at the time of the attack.
Horner, FedEx and Big Topspin are all named as defendants in Strand's lawsuit. The suit accuses the two companies of negligently hiring Horner, failing to properly supervise him and failing to enforce safety policies.
"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," the lawsuit alleges.
The lawsuit also accuses Horner of assault. Strand is seeking more than $1 million in damages.
FedEx said in a statement to NBC News it was aware the complaint had been filed. "Our thoughts remain with the family of Athena Strand in the wake of this tragedy," the company said.
Big Topspin could not immediately be reached for comment by NBC News, and it is unclear if Horner has an attorney.
Maitlyn Gandy, Athena's mother, said during a press conference in Oklahoma on Dec. 8 Horner was delivering what was supposed to be Strand's Christmas present: a set of "You Can Be Anything" Barbies.
"Athena was robbed of the opportunity to grow up to be anything she wanted to be," Gandy said. "And this present, ordered out of innocence and love, is one she will never receive."
"I was supposed to bring Athena back to our home in Oklahoma after Christmas break," she continued. "Now, instead, Athena will be cremated and come home in an urn because I am not even close to being ready to let her go."
