PLYMOUTH, Mass. (CN) - FedEx delivered 7 lbs. of marijuana to the wrong house, then told the dopers where to go to pick it up, a single mom and her young daughters claim in court.
Maryangela Tobin sued FedEx in Plymouth County Court, on her own behalf and for her two minor daughters.
Tobin claims that on Oct. 20, 2012, FedEx delivered a package to her home, which she assumed was a birthday present for her 11-year-old daughter.
"Inside the package were assorted candles, candy, ribbons, markers, and crafts," the complaint states. "There were also several large vacuum-packed bags of what appeared to the Tobins to be potpourri that went with the other items in the package. Lily asked Maryangela to open one of the bags. Maryangela broke the seal of one of the bags and the kitchen instantly filled with the odor of marijuana.
"The package delivered by FedEx to the Tobins did in fact contain marijuana.
"Maryangela realized something was wrong and asked Lily to go upstairs to her room. But Lily sensed Maryangela's distress, and would not leave her side. Lily asked what was wrong with her present. Maryangela explained to her that the package contained an illegal substance, at which point Lily began to cry. Lily, breathing the strong aroma, worried she now had 'drugs in her.'"
Tobin called the police, who seized the package as evidence, called FedEx and told it that "because the package contained narcotics and had been delivered to the incorrect address, the erroneous recipient - the Tobins - 'could be at risk,'" according to the complaint.
Nonetheless, Tobin says, "Approximately one hour and fifteen minutes after Officer Saunders departed from her house, one of the package's intended recipients - a smuggler - appeared at Maryangela's door.
"Maryangela was in the kitchen when she heard a male voice coming through her unlocked front screen door asking if she had received a package that day.
"Maryangela, fearing for her safety, walked directly to the screen door, closed and bolted it, and told the smuggler 'I don't have your package.' The smuggler asked if FedEx had picked the package up from her house, whereupon Maryangela repeated that she didn't have the package and proceeded to shut and bolt the main front door. She noticed two other males in a black sports car in front of her house."
Police returned to the Tobins' home minutes later and, upon calling FedEx a second time, "FedEx informed Officer Saunders that FedEx had in fact disclosed to someone else information about the package," the complaint states.
"The above disclosure included information that the package was delivered to the Tobins, and the Tobins' address."
Tobin says police kept constant surveillance on her home for several days, and that though three smugglers were arrested days later, "an unknown number of smugglers remain at large."
"According to Detective Mason, even if the three arrested smugglers are convicted, they would likely be back on the streets within several months."
Tobin says her daughters "are now too scared to be alone in their own home for any appreciable period of time, which has had a significant disruptive effect on the Tobins."
She seeks damages for violations of Massachusetts Privacy Laws, intentional and reckless infliction of emotional distress and negligence.
She is represented by Christopher Hunt, of Hopedale, Mass.