January 2023 | Volume 14, Issue 6

Find the full video and article on CNN.

FedEx Driver Charged in 7-Year-Old Athena Strand’s Death Delivered Her Christmas Present Before Abducting Her, Mother Says

According to the article, the FedEx driver accused of kidnapping and killing 7-year-old Athena Strand delivered her Christmas present – Barbie dolls – before the girl’s disappearance, her mother said recently. Maitlyn Gandy called for stricter screening policies for delivery drivers at a news conference. On an easel beside her was the package, a box of “You can be anything” Barbie dolls. It was the first time she’d seen the present, she said.

“Athena was robbed (of) the opportunity to be anything she wanted to be,” a tearful Gandy said. “I was robbed of watching her grow up, by a man that everyone was supposed to be able to trust to do just one simple task – deliver a Christmas present and leave.” Athena disappeared from the driveway of her home in Wise County, Texas, on November 30. After a county-wide search, her body was recently recovered, according to Wise County Sheriff Lane Akin. Authorities believe she was killed within an hour of her alleged kidnapping, but her cause of death is still under investigation, Akin said.

The suspect, identified by authorities as a contract driver for FedEx, is 31-year-old Tanner Lynn Horner, Akin said. He allegedly delivered a package to Athena’s father’s home when she disappeared, authorities said. Horner is being held in Wise County jail on capital murder and aggravated kidnapping charges, according to its website. Bond was set at $1.5 million, Akin said. Horner told investigators he had accidentally hit Athena as he was backing up his delivery truck and although she was not seriously injured, he panicked and put her in the van before allegedly killing her, according to two arrest warrants obtained by the media.

According to the warrants, one issued for each charge, Horner told authorities that he strangled the child because “she was going to tell her father about being hit by the Fed Ex truck.” Horner was tracked down by his employer, a subcontractor of FedEx, after authorities learned Athena went missing around the time a FedEx delivery was made to the home, according to the warrants. Surveillance video from the truck showed the child inside, talking to the driver, according to the warrants. After he was questioned, Horner led investigators to the child’s body and surrendered without incident, according to a warrant.

Authorities said Horner did not know the family or the child, Akin previously said. Gandy said her goal is to effect change in hiring policies “so that monsters wearing delivery uniforms don’t show up on our children’s doorsteps.” Her attorney, Benson Varghese, said he is still in the “investigation phase” of Athena’s case. Varghese said his office has put people they “think might be responsible” on notice, asking them to preserve any evidence related to the investigation.

Varghese said he plans to hold any person or corporation accountable “whose actions or inactions could have prevented this little girl’s tragic death,” but said he is not in a rush to file a lawsuit. “The ultimate goal here is to ensure that no parent, or grandparent, or family member feels the loss that Maitlyn’s going through right now,” Varghese said. In a statement to the media last week, FedEx expressed its sympathies and directed further questions to law enforcement. “Words cannot describe our shock and sorrow at the reports surrounding this tragic event. First and foremost, our thoughts are with the family during this most difficult time, and we continue to cooperate fully with the investigating authorities,” the statement reads.

Earlier this week, several school districts across Texas wore pink in honor of Athena. Gandy, who appeared at Thursday’s news conference sporting bright pink hair, said she was grateful for the community’s outpouring of love and support. “I have felt your prayers, I have read your messages and your letters, and I see your pink everywhere.”

Discussion Questions

  1. Discuss the employment law theory of negligence in hiring.

    Negligence is defined as the failure to do what a reasonable person would do under the same or similar circumstances. Negligence occurs when: (a) the defendant owes the plaintiff a duty of care; (b) the defendant breaches this duty; (c) the breach causes harm to the plaintiff; and (d) the plaintiff experience damages (physical and/or economic) as a result. As applied to the employment setting, negligence in hiring refers to the employer’s failure to act as a reasonable employer would in terms of hiring employees who would not likely cause harm to others. The classic example of negligence in hiring is when an employer hires an employee who has a violent criminal past and a criminal record, and the employee then causes physical (and economic harm) to another person.
  2. Discuss the employment law theory of negligent retention.

    As indicated in response to Video 2, Discussion Question 1 above, negligence is defined as the failure to do what a reasonable person would do under the same or similar circumstances. Negligence occurs when: (a) the defendant owes the plaintiff a duty of care; (b) the defendant breaches this duty; (c) the breach causes harm to the plaintiff; and (d) the plaintiff experience damages (physical and/or economic) as a result. As applied to the employment setting, negligent retention refers to an employer keeping an employee that might otherwise be terminated by a reasonable employer. The classic example of negligent retention is when an employer hires a driver who, after they are hired, is convicted for driving under the influence of alcohol; nevertheless, the employer allows the employee to continue as a driver, and the employee against becomes intoxicated and kills a third party in an automobile accident.
  3. Based on the information provided in this article, what is the likelihood that FedEx will be responsible for the negligent hiring and/or negligent retention of Tanner Lynn Horner? Explain your response.

    There is limited information provided in the article that could serve as evidence proving FedEx liable for negligent hiring and/or negligent retention. Rest assured that the plaintiff’s attorney(s) will pursue every conceivable avenue in terms of holding FedEx (the employer) responsible for the death of the child, and that will include extensive discovery to determine whether FedEx knew or should have known pre-hire and/or post-hire that its driver was capable of such an egregious act.