Family of FedEx employee killed outside Johnson County facility sues package company
Loved ones of a man killed last year outside the Johnson County FedEx facility where he worked are suing the package delivery company for wrongful death.
Dade Smith, 23, of Overland Park, was killed on Nov. 18, 2021, while leaving an Olathe FedEx building at 22525 W. 167th Street.
Just before 8 a.m. that morning, Smith and another employee, 36-year-old Ruben Rodriguez, got into a “dangerous altercation” during work hours, according to the lawsuit. Then, the on-duty supervisor sent both men home.
The argument continued into the parking lot of the FedEx, where Rodriguez, who was driving an SUV, struck Smith, who was on a motorcycle, as they were leaving, the lawsuit alleges.
An initial police news release from the time said the crash happened just after 8 a.m. Olathe police said Smith, who was wearing a helmet at the time, was unresponsive at the scene.
Update: The victim in this crash, has been identified as Dade Allyn Smith of Overland Park, Kansas. https://t.co/kmRXJdfDwK
— Olathe Police (@OlathePolice) November 24, 2021
Smith died from the injuries he received in the crash. Rodriguez was arrested in December and has since been charged with second-degree murder. He has pleaded not guilty.
At the time of the crash, Rodriguez’s license was suspended, according to court records.
The lawsuit, filed in late April in Johnson County District Court, lists Smith’s mother, and the mother of his child, as plaintiffs. They are accusing FedEx of negligence and negligent hiring, supervision and retention.
Smith’s loved ones argue that FedEx hired Rodriguez “despite his criminal history including charges involving violence and drugs the very same year in which they hired him.”
Since 2015, Rodriguez has pleaded guilty to aggravated assault, fleeing and eluding police, driving with a suspended license, drug possession after he was found with cocaine and meth, and felony possession of opiates, according to court records.
A month before the crash, on Oct. 16, Rodriguez was also arrested and charged with felony possession of meth, felony possession of weapons and driving while suspended.
On Nov. 30, several days after the fatal crash, he was also arrested on felony theft charges.
Smith’s loved ones also claim in the suit that given Rodriguez’s history, the two men should have been separated by the FedEx managers once the altercation began inside the building.
“This was an avoidable tragedy,” Tom Porto, the attorney for the plaintiffs, told The Star. “The two men should not have been allowed to leave at the same time.”
The plaintiffs are asking that FedEx be made to cover the medical costs and other economic damages associated with Smith’s death.
A spokesperson with FedEx did not reply to a request for comment.
No further court date has yet been set.
“Dade was a beloved father, son, brother, and grandson. Dade also has aunts, uncles, and cousins who love him very much,” his obituary reads. “Dade’s true passions were motorcycles, working on cars, and video games.”
According to a GoFundMe organized after his death, Smith’s son was born in May, just months before his death.
