Lawsuit filed against DEMCO EXPRESS & owner Dennis Mekenye -Freight Broker AMERICAN GROUP included
On December 6, 2012, a lawsuit was filed in US District Court – Fort Worth division, by David Lansky and his company, United Nations Ammo against Dennis Mekenye and DEMCO Express, Bogan’s employer at the time Bogan supposedly took the wrong turn into Mexico and lost the load of ammunition destined for UN Ammo in Phoenix.
The lawsuit alleges that Demco, which had been hired to deliver the shipment and which employed Bogan, had breached its duty by failing to deliver. The suit also alleges that American Group, LLC, a third party that connected Lansky with Demco, had been negligent in failing to ensure he was contracting with a reliable carrier.
Cited in the lawsuit was the FMCSA out of service order issued against Demco in the summer citing the company as an “imminent hazard to public safety”.
The investigation by FMCSA found that Demco had falsified drivers’ records, allowed operators to drive with suspended licenses, used drivers without licenses, and did not properly screen drivers for controlled substances.
As has been the case since shortly after Bogan’s arrest, DEMCO owner Dennis Mekenye has disappeared once again and the phone number for him has been disconnected.
FMCSA allowed DEMCO to resume conditional operations in August after undergoing a compliance review.
All told, the plaintiffs are seeking $84,435.00 for the lost ammunition, court and attorney costs and anything else the Judge see’s fit to award.
It’s highly doubtful though that the plaintiff’s will recover anything from Mekenye, a Kenyan immigrant even if the suit is successful.
Jabin Bogan was not named in the lawsuit. No date has been set for the action to be heard.