Lawsuit Alleges FedEx Negligent in 2021 Rape of Dutchess County Minor

LAWSUIT ALLEGES FEDEX NEGLIGENT IN 2021 RAPE OF DUTCHESS COUNTY MINOR

Feldman, Kleidman, Collins & Sappe LLP Files Suit in Dutchess County Supreme Court

POUGHKEEPSIE, NY (May 8, 2024) – On May 6, 2024, Feldman, Kleidman, Collins & Sappe, LLP (FKC&S) filed a civil lawsuit on behalf of its client, a female from Dutchess County, NY, against the FedEx Ground Package System, Inc. (FedEx), Dutchess Parcel Service, Inc. and Poughkeepsie resident Joshua J. Ginyard for negligence, gross negligence and recklessness in the rape, sexual assault, forcible imprisonment and intentional infliction of emotional distress of the plaintiff, who was a minor at the time of these alleged crimes.

The complaint, filed in Dutchess County Supreme Court, contends that in August 2021, then 30-year-old Ginyard, who was employed as a delivery driver by the defendants and was delivering packages, came upon the then 16-year-old plaintiff and two other younger children while on the Elm Drive Elementary School property in Millbrook, NY and lured them into his FedEx truck by offering them marijuana. The filing alleges that Ginyard then unlawfully imprisoned them and raped and sexually assaulted the plaintiff, who was a minor at that time.

The complaint claims that after Ginyard lured the three children into the FedEx truck, he turned off the truck’s GPS monitoring system and cameras. He allegedly brought the three children to an abandoned property and refused to let them go, thereby forcibly imprisoning them. During this time, Ginyard allegedly provided marijuana to the children and smoked with them, then refused to return them to their neighborhood unless one of the children had sexual intercourse with him.

The lawsuit claims that the crimes by Ginyard were facilitated by the defendants in the negligent hiring, lack of supervision and negligent retention of Ginyard, including their failure to respond to his turning off the FedEx truck tracking and monitoring devices on multiple occasions to ascertain if it was being misused.

The legal team at FKC&S is seeking compensatory and punitive damages against Ginyard and the other defendants to account for severe pain, suffering and psychological injury, including mental distress and anguish caused by the traumatic and life-altering event, as well as past and future medical, hospital and therapy expenses.

In August 2021, Ginyard was arrested, charged and pleaded guilty to criminal sexual act and three counts of endangering the welfare of a child. Following his arrest, FedEx released a statement that the employee was no longer providing service on behalf of FedEx Ground.

In a statement, the plaintiff’s attorney, Kathryn C. Collins, said: “Our client has suffered the most horrific violation a child can experience at the hands of a predator. We brought this lawsuit to pursue a modicum of justice for a young girl who was forced to have sexual intercourse in front of her younger sister. At the same time, we seek to hold the corporate defendants accountable for their carelessness in allowing this predator to roam the streets of our communities, endangering our children.

Our client will now have to relive these horrors through testifying at both a deposition and trial, which will only increase the damage already caused. However, that is our system of justice. We will continue to advocate for her with the hope that she can have some closure and move beyond these tragedies of her childhood.”

About Feldman, Kleidman, Collins & Sappe LLP

For 38 years and counting, Feldman, Kleidman, Collins & Sappe LLP has been dedicated to advocating for the legal rights of its clients. Based in Fishkill, NY, its attorneys have successfully tried cases at all levels of state and federal courts throughout the Hudson Valley and Capital District. The firm specializes in the practice of personal injury law and professional liability defense. For more information, visit www.fkcs.law or call (845) 897-5199.