John Suayan, Galveston Bureau Oct. 11, 2012, 4:54pm

GALVESTON - A Dickinson school district employee has filed suit against Fed-Ex and one of its drivers after a shipment caused her to fall and injure herself. 

Janie Leslie's lawsuit, filed Oct. 10 in Galveston County District Court, claims the subject incident occurred on Oct. 20, 2010.

Court papers say Leslie was walking behind a load of pallets containing 5-gallon cans of paint that were being unloaded by an employee with the defendant to "make sure they didn't fall" as instructed by the unnamed driver.

According to the original petition, the paint cans fell and hit Leslie, causing her to be thrown to the cement.

"The force of the impact and her fall severely injured [Janie] Leslie," the suit says.

It adds the plaintiff was subsequently diagnosed with back and knee injuries, and the pain in her back prompted her to undergo surgery.

Fed-Ex is accused of:

  • Failing to properly train their drivers on loading and unloading procedures;

  • Failing to ensure that the produce being delivered was properly secure on the pallets before being unloaded;

  • Failing to ensure that other people such as the plaintiff were not in an area where they can get hurt; and

  • Negligently removing the paint cans from the truck.

Leslie consequently seeks unspecified monetary damages.

She is represented by attorney Marty Herring with Marty Herring & Associates in Houston.

Galveston County 405th District Court Judge Wayne Mallia is presiding over the case.

Case No. 12-cv-2152

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