Negligent, Speeding FedEx Driver Kills Dog in Driveway

[Cornett269]

What is the name of your state (only U.S. law)?
Tennessee

This past Saturday, a FedEx delivery truck was speeding through our driveway (it's rather long, shared with my grandparents, and loops in front of our home), ran over and killed my grandfather's dog. The FedEx driver was driving extremely too fast in the driveway and the dog was actually in the grass when it was struck. The driver hits the dog, stops to unload the package, then speeds off. My grandfather, who witnessed the incident, was very upset-this was his best bud of 10+ years. My grandfather is handicapped and utilizes a powered wheelchair to get around. I purchased this dog for him when he began getting depressed about his condition of immobility. He is home alone frequently and 'Smokey' was a great companion. Needless to say, we are upset with the situation, but the fact that we have two small children raises more concerns with the negligent driver. I did contact FedEx the day of the incident and a local rep contacted me today getting "my side of the story". Do we even have a leg to stand on in this matter??

Thanks!!!!
Tennessee

 

[You Are Guilty]

It certainly sounds like you are owed one dog by FedEx. Point of clarification though, how did the driver strike the dog in the driveway if "the dog was actually in the grass when it was struck"?

 

[Zigner]

It certainly sounds like you are owed one dog by FedEx.

I disagree. The owner of the dog *may* be owed the value of one dog. And the value of a 10+ year old dog is really not that much.

 

[LdiJ]

I disagree. The owner of the dog *may* be owed the value of one dog. And the value of a 10+ year old dog is really not that much.

Depends on the breed.

 

[Zigner]

Depends on the breed.

Yes, however I suspect that if this were anything more than a mutt, it would have been mentioned by the OP.







For the record...my faithful companion for the last 8 years is a mutt.

 

[Cornett269]

The dog was a pure bred Chihuahua. The driver was driving close to the edge of the driveway (near the grass) and where there's a bend/curve is where the driver struck him (as he was turning).

 

[Antigone*]

The dog was a pure bred Chihuahua. The driver was driving close to the edge of the driveway (near the grass) and where there's a bend/curve is where the driver struck him (as he was turning).

What was the dog going out unleashed?

 

[LdiJ]

Yes, however I suspect that if this were anything more than a mutt, it would have been mentioned by the OP.







For the record...my faithful companion for the last 8 years is a mutt.

That is a valid point...however I was actually thinking longevity. For some breeds 10 years would be maximum lifespan, others live much longer.

Now that we know that the dog was a chihuahua, they can live to 20 years in some cases.

 

[LdiJ]

What was the dog going out unleashed?

The dog was on the owner's property...I know of no leash laws that require a dog to be leashed on your own property. Its apparently quite a large property and probably virtually no chance that the dog would stray off the property, and probably no expectation that a fed ex driver would barrel down their driveway like that.

 

[Zigner]

Sue FedEx for the value of the dog. Age doesn't actually matter I've heard puppies can be had for ~$500 in my neck of the woods. Not my choices for a dog though, it's not a dog if it doesn't knock you down when it says hello!

 

[Cornett269]

My grandfather was taking him to potty.

 

[justalayman]

I didn't dig into it too much but it appears Tennessee acknowledges the tort of negligent infliction of emotional distress. If this flipped grandpa out, I would look deeper into the possibility and if available, look for something more than just the price of a new dog.

 

[Zigner]

I didn't dig into it too much but it appears Tennessee acknowledges the tort of negligent infliction of emotional distress. If this flipped grandpa out, I would look deeper into the possibility and if available, look for something more than just the price of a new dog.

Just -

The dog is PROPERTY.

 

[justalayman]

Just -

The dog is PROPERTY.

yep but the angst and sadness grandpa suffered because of the negligent infliction of emotional distress is a valid tort in Tennessee (from what I saw in a quick look) and may be worth something.

 

[HomeGuru]

What is the name of your state (only U.S. law)?
Tennessee

This past Saturday, a FedEx delivery truck was speeding through our driveway (it's rather long, shared with my grandparents, and loops in front of our home), ran over and killed my grandfather's dog. The FedEx driver was driving extremely too fast in the driveway and the dog was actually in the grass when it was struck. The driver hits the dog, stops to unload the package, then speeds off. My grandfather, who witnessed the incident, was very upset-this was his best bud of 10+ years. My grandfather is handicapped and utilizes a powered wheelchair to get around. I purchased this dog for him when he began getting depressed about his condition of immobility. He is home alone frequently and 'Smokey' was a great companion. Needless to say, we are upset with the situation, but the fact that we have two small children raises more concerns with the negligent driver. I did contact FedEx the day of the incident and a local rep contacted me today getting "my side of the story". Do we even have a leg to stand on in this matter??

Thanks!!!!
Tennessee

**A: and what is FedEx's side of the story?