A new lawsuit filed against FedEx in Plymouth County, Mass., explores the company's liability for delivering not only (a) 7 lbs. of marijuana, but also (b) angry drug smugglers to the doorstep of the home of the Tobin family in Plymouth.
Courthouse News reports that the lawsuit filed on behalf of Maryangela Tobin and her two young daughters alleges that on October 20, 2012, FedEx delivered a package to their home. Tobin assumed the delivery was a birthday present for her 11-year-old daughter, as it included an assortment of candles, candy, ribbons and "several large vacuum-packed bags of what appeared to the Tobins to be potpourri." When Tobin popped open one of the "potpourri" bags, however, the kitchen instantly filled with the odor of marijuana. (As Consumerist put it, Tobin was correct about the potpourri, "except for the 'pourri' part").
Tobin called the police, who came to her home and seized the package as evidence. Soon after the police left, Tobin alleges, a drug smuggler for whom the marijuana was intended appeared at her door and began asking if she had received a package that day. Tobin told the smuggler she didn't have the package, bolted her doors shut and called the police back to her home. Tobin alleges that in a call between the police and FedEx, FedEx admitted telling "someone else" that the package was delivered to the Tobins, and provided the Tobins' address.
Three drug smugglers were arrested a few days later, but Tobin alleges that "an unknown number of smugglers remain at large" and that the arrested smugglers will soon be "back on the streets." Tobin's complaint alleges that FedEx's conduct has left her young daughters very frightened, and it seeks to recover for violations of Massachusetts Privacy Laws, intentional and reckless infliction of emotional distress and negligence.
Legal Blog Watch is posted by Bruce Carton and published by Law.com, an affiliate of the Daily Business Review.