ATLANTA (AP) — A security guard who was shot during a rampage at a FedEx facility just outside Atlanta is suing the company. The lawsuit says that Kramer’s manager told investigators during an interview after the shooting that Kramer had a negative attitude and mentioned multiple times that he felt like he was going crazy. Sparkman’s lawsuit seeks lost wages, medical expenses, compensation for pain and suffering and more.
This lawsuit arising out of a shooting spree at a Federal Express distribution facility raises some interesting legal issues. The plaintiff is a security guard who was shot by a disgruntled employee who came into the facility with a gun. The plaintiff alleges basically that Federal Express had reason to believe the employee was mentally unstable prior to the incident and did nothing to protect employees and workers at the facility. This would be a negligent supervision or retention of an unfit employee theory of recovery. It will be interesting to note what evidence is uncovered in the discovery process that would indicate prior notice.