Lawsuit: Frito-Lay drivers wrongly accused of texting while driving

bpurser@macon.comMarch 6, 2014 

WARNER ROBINS -- Five Frito-Lay delivery truck drivers fired after they were accused of texting while driving have filed a lawsuit seeking more than $75,000 in equitable relief and damages.

The lawsuit was filed Tuesday in federal court in Macon by David Lee Watson, Christopher Melton, Randy Horton, Ricky Johnson and Timothy Vickers against Frito-Lay Inc. The drivers had been long-term Frito-Lay employees who worked out of the company’s distribution facility in Perry.

According to the lawsuit, Watson used a work computer to access his cellphone records to prove that he wasn’t texting while driving when questioned about a day in October 2013.

He claims the company then illegally accessed his private cell records to obtain alleged evidence that he and the other drivers were texting while driving for work.

All the drivers said they were not texting and driving but instead used speech-to-text applications that allowed them to talk while driving.

The drivers said using the applications did not violate company policy or federal motor carrier rules or regulations.

But Frito-Lay ignored their explanation and fired them based on the wrongfully obtained records, the lawsuit states.

The drivers allege that Frito-Lay’s actions injured their reputations and caused them damage with regard to lost future income.

The lawsuit seeks a jury trial, the award of compensatory, punitive and other damages to be determined by the court and the award of reasonable attorneys’ fees and litigation costs.

Cynthia Baker, a spokeswoman for Frito-­Lay, said the company has not seen the lawsuit or had a chance to review it.

“We wouldn’t comment on a pending litigation,” Baker added.

To contact writer Becky Purser, call 256-9559.

The Telegraph is pleased to provide this opportunity to share information, experiences and observations about what's in the news. Some of the comments may be reprinted elsewhere in the site or in the newspaper. We encourage lively, open debate on the issues of the day, and ask that you refrain from profanity, hate speech, personal comments and remarks that are off point. Thank you for taking the time to offer your thoughts.

Commenting FAQs | Terms of Service