LUBBOCK, TX (KCBD) - The law firm of Glasheen, Valles & Inderman has filed a wrongful death lawsuit against FedEx Freight, Inc. in Lubbock County District Court Tuesday on behalf of Tandi Wagner and Kristi Ramirez for the wrongful death of their father, 60-year-old Michael Merton. Merton was killed on October 17 when he was crushed inside of the airplane on which he was working.
Officials have not released any identifying information or specifics on what happened and FedEx officials said they were cooperating with the investigative authorities.
Officials with the FAA released a statement saying, "We will investigate the accident to determine whether the maintenance was being performed in accordance with approved safety procedures and if the mechanic had received adequate training."
FedEx officials also issued a statement saying, "We are deeply saddened by this tragic accident. Our thoughts and prayers are with the family, friends and colleagues affected by the loss of our team member. We are cooperating fully with investigating authorities."
The lawsuit is the first information provided to the media about what possibly happened that day.
The lawsuit names FedEx Freight, Inc., Merton's employer, as the sole defendant, and it alleges that FedEx failed to train its employees regarding safety procedures, failed to follow safety procedures, and failed to provide a safe place to work. The plaintiffs in the lawsuit are seeking exemplary damages for the loss of their father.
Kevin Glasheen, the attorney for the plaintiffs, said one of the reasons for filing the lawsuit was the complete lack of information and communication from both FedEx and the Federal Aviation Administration.
"My Clients want to know why their Dad died, and they want to make sure this doesn't happen to anyone else. These kinds of work injuries are usually a failure of the lockout/tagout procedure that's supposed to make sure machinery isn't activated during maintenance. That will be our first line of inquiry," said Glasheen.