Vehicle passenger blames Fed Ex, driver for injuries

By Jenie Mallari-Torres | Oct 18, 2017

CLEARWATER — A Pinellas County woman is suing Fed Ex and one of its drivers, alleging negligence and vicarious liability.

CLEARWATER — A Pinellas County woman is suing Fed Ex and one of its drivers, alleging negligence and vicarious liability.

Joanna Toomey filed a complaint Sept. 25 in Pinellas Circuit Court against Charlotte Ann Mitchell and Federal Express Corporation, alleging they failed to follow applicable safety guidelines and regulations.

According to the complaint, on April 7, 2016, Toomey suffered bodily injury, pain and suffering, disability, disfigurement, mental anguish, and loss of earnings after a vehicle in which she was a passenger was struck by a Mercedes Benz truck driven by Mitchell and owned by Fed Ex. on Madison Avenue in Clearwater. The suit says the crash was caused by Mitchell's negligence. 

The plaintiff alleges Mitchell failed to adequately maintain and operate a motor vehicle so as not to cause harm, and Fed Ex breached duty of care by allowing company-owned motor vehicle to be used for negligent operation.

Toomey seeks trial by jury, damages of more than $15,000, costs, pre-and post-judgment interest, and all other relief to which she is entitled. She is represented by attorneys Paul Puzzanghera, Crystal Sebago and Kendrick Blackwell of Puzzanghera Law Offices PA in St Petersburg.

Pinellas Circuit Court case number 17-C-5816

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