On Tuesday, 5-year-old Robert Love was killed when he was hit by a car while walking home from school, CBS Atlanta reports.
The problem is that witnesses gave conflicting accounts about who actually hit the boy. So far, a FedEx delivery driver has been questioned in the case. If it turns out that the driver is to blame, FedEx could be the target of a wrongful death suit.
Robert was walking home from school with an 8-year-old boy when he was struck in the parking lot of Kensington Station Apartments in Decatur. He was taken to a local hospital where he was pronounced dead, authorities said.
According to police, witnesses gave conflicting reports of what happened, hindering the investigation. However, authorities do know that Robert approached the intersection where he was hit at the same time as a FedEx delivery truck.
The FedEx driver was taken in by police for testing and questioning. He was later released.
On top of any criminal charges, Robert's family may want to file a wrongful death suit against the driver responsible. In general, a wrongful death suit is brought by the family of a person who dies due to the negligence of another. If the suit is successful, the family could be awarded damages for any medical costs, funeral expenses, and the loss of parental consortium.
If it's determined that the FedEx driver did hit the boy, FedEx could be on the hook as well. Under the doctrine of respondeat superior, an employer can be held liable for the wrongdoings of an employee if they were committed within the scope of employment. At the time of the accident, the driver was likely making deliveries, an activity that's well within the scope of his employment.
"We are heartbroken about this child and our thoughts and prayers go out to the family. We are actively cooperating with authorities in their investigation," a FedEx spokesman said in a statement.
- Call an Atlanta Personal Injury Lawyer (FindLaw)
- Boy, 5, struck, killed by vehicle in DeKalb County (The Atlanta Journal-Constitution)
- Wrongful Death FAQ (FindLaw)
- Holiday Travel: Know Your Rights as a Passenger (FindLaw's Atlanta Injury Law Blog)