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Athena Strand's father sues FedEx, contractor who hired Tanner Horner

Athena Strand's father sues FedEx, contractor who hired Tanner Horner
Athena Strand's father sues FedEx, contractor who hired Tanner Horner 00:38

WISE COUNTY (CBSDFW.COM) — Jacob Strand, the father of the Wise County girl who was killed by a Fedex driver earlier this month, has filed a lawsuit against the man accused of murdering her, Fedex, and the contractor he worked for.

The lawsuit, filed on Dec. 13, lists Tanner Horner, FedEx and Big Topspin as defendants.

The lawsuit states in part that "Big Topspin and FedEx breached the duty of care, including...in the neglegent hiring of Defendant Tanner Horner...in failing to properly investigate Defendent Tanner Horner's criminal history, mental health history, and prior employment." 

Family, friends to say final goodbyes to Athena Strand at her funeral 02:20

Horner was delivering a package containing a Christmas gift to Athena's home when he allegedly hit her with his Fedex truck as he backed out of the driveway.

Horner told investigators that Athena was not seriously injured after he allegedly struck her, but that he "panicked" and took Athena into his van, worried she would tell her father what happened. 

Video from inside the truck showed Horner talking to Athena, and he later told detectives that she even told him her name.

Affidavit: FedEx driver strangled Athena Strand, 7, after accidentally running her over 03:16

Worried that Athena would tell her father about being hit by the truck, Horner allegedly tried to kill Athena by breaking her neck. After he was unable to do so, he strangled her with his bare hands in the back of the FedEx truck. 

He then allegedly dumped Athena into a body of water off of CR 4668. Horner eventually led investigators to the location after they asked if he would be willing to take them there.

The 31-year-old FedEx truck driver confessed to snatching the girl before killing her within an hour of her abduction on Nov. 30. 

This story is developing. 

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