Although a months-long investigation by TOSHA found FedEx procedures played a role in the FedEx worker's death, the attorney who filed this lawsuit says FedEx cannot be sued because this incident was not intentional or malicious act.
However, he does say someone else is definitely responsible for the worker's death.
The children of Ellen Gladney said there is no reason why they should have lost their mother last Thanksgiving.
The 60-year-old’s body was found under a motorized mobile conveyor belt system at the FedEx hub she worked at for years.
Now, a wrongful death lawsuit comes nearly one year after her death, faulting the manufacturers of this loader used to move cargo into position under Fed Ex's Boeing 777.
“A mother, grandmother run over by the auxiliary deck and dragged underneath it, dragged for 80 feet according to the TOSHA report, 80 feet because nobody could see her and that's how manufacturers designed this system putting FedEx employees in danger,” said attorney Jeff Rosenblum, who is representing Gladney’s three children.
The lawsuit faults the manufacturer of the loader and E-stop system JBT Aerotech and the creator of the auxiliary deck Fast Global Solutions.
According to the lawsuit, about a month and half before Gladney's death, FedEx implemented the new E-Stop System to protect the planes from being hit by these loaders.
The lawsuit says:
Rosenblum says Gladney was working as an E-stop controller the night she died, and the loader was unable to see her before moving the loader.
“They want justice,” Rosenblum said. “They want to make sure no other employee at FedEx or no other individual suffers the kind of injury or death that Ellen Gladney suffered.”
We did ask FedEx if the same loader that was used in Gladney’s accident is still being used, but we did not hear back.