Amazon Hit With $16.2M Verdict For Delivery Truck Crash That Injured Child
A Georgia jury handed down a $16.2 million verdict against Amazon Logistics and a service partner over injuries suffered by a Georgia child when he was struck and run over by a delivery van. In the case of Bradfield v. Amazon Logistics, et al., 22-C-07003-S7, the Gwinnett County State Court jury apportioned 85% of the responsibility for the accident on Amazon and 10% to a Fly Fella Logistics delivery driver for a 2022 collision that severely injured the child’s leg.
Important to the lawsuit was a finding that Amazon exerted significant control over the logistics partner that operated the vehicle to render the company liable for the delivery driver’s share of the fault, as his employer. This is the first case in Georgia and one of the first in the nation to address the question of whether or not Amazon is liable for the conduct of its delivery partners. The Georgia jury found that Amazon exerted direct control over the delivery driver thereby rendering him (practically) an employee. Technically, the delivery driver is an employee of one of Amazon’s delivery partners who provide logistics for the company and make deliveries.
Jurors apportioned 5% of the blame for the crash to a non-defendant neighbor who had agreed to watch the child. This will reduce the plaintiff’s jury award by 5%. However, Amazon is responsible for 95% of the blame for the accident, according to the Georgia jury, and thus must pay the plaintiff 95% of $16.2 million.
What happened?
According to the lawsuit, the crash occurred as the boy was crossing a neighborhood street on an electric bike. The defendant driver was pulling away from the stop he had recently made to allow other children to cross the street. The delivery van struck and ultimately ran over the child, fracturing his pelvis and causing a “degloving” injury that required multiple skin grafts to treat and left him with permanent scarring.
The verdict included $16 million for the boy’s pain and suffering and around $200,000 for his past medical expenses.
Amazon’s defense
Amazon attempted to lay the blame on the babysitter who was caring for the child at the time of the accident. They claimed that the babysitter negligently allowed the child to use an electric bike that was meant for teens. Amazon told jurors that the child’s parents and his babysitter paid no heed to warnings that the bike was meant for those aged 13 and over under adult supervision. Further, he noted that the child had taken the unlocked bike from the garage after the neighbor had reentered the home, leaving a group of children to play unattended. Amazon claimed that had the boy never had the opportunity to ride the bike, the accident would never have happened. That argument saved Amazon 5% of a $16.2 million jury verdict.
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Source:
blog.cvn.com/16.2m-verdict-wraps-trial-against-amazon-logistics-over-delivery-van-crash-that-injured-child