Lawrenceville, GA — A Gwinnett County jury on Thursday ruled that Amazon Logistics and a subcontractor must pay $16.2 million for injuries sustained by a boy when an Amazon delivery van ran over his leg. The landmark case in Georgia, one of the first of its kind nationally, tested whether Amazon could be held responsible for the actions of its delivery partners’ drivers.
The court found Amazon 85% responsible, citing inadequate training, and attributed 10% of the blame to Jowann Cowan, the driver from Fly Fella Logistics. Additionally, 5% of responsibility was assigned to a neighbor who had been supervising the child but was not a named party in the suit. This percentage of fault will proportionately reduce the total compensation owed by Amazon and Fly Fella.
The incident occurred when the van, driven by Cowan, collided with the young boy who was riding an electric bike. The boy suffered severe injuries including a fractured pelvis and a degloving injury that necessitated multiple skin grafts and will result in lifelong scars.
This verdict concludes the first trial in Georgia to deliberate on Amazon’s liability concerning the conduct of drivers employed by its delivery partners, as explained by Joseph Fried of Fried Goldberg, the attorney representing the child’s father.
During the trial, which lasted four days, it was argued that the structural relationship between Amazon and Fly Fella Logistics significantly contributed to the incident. Evidence suggested that Amazon exerted substantial control over Fly Fella’s operations, from setting driver wages to prescribing delivery protocols.
In his closing arguments, Michael Goldberg, also representing the injured child’s father, criticized Amazon for not having a proper safety training program in place at the time of the accident. He emphasized that such a program should have been a priority from the start and pointed out it was only implemented following the tragedy.
The deliberations brought to light various perspectives on the responsibilities of those involved. Defense attorneys argued their clients, including the driver Cowan, had behaved reasonably under the circumstances present during the accident. They claimed the driver had checked the road was clear before moving and could not have anticipated the accident.
However, the defense argument also shifted part of the blame to the supervising neighbor and the boy’s parents, for allegedly failing to keep the boy off the electric bike, which was deemed unsuitable for his age. This argument, however, did not absolve Amazon and its associate from the bulk of the responsibility as per the jury’s decision.
Following the verdict, attorney Goldberg praised the jury’s decision and expressed frustration over Amazon’s approach to the litigation, noting that Amazon rejected mediation and made a settlement offer only a week prior to the trial.
The case highlights ongoing issues regarding the gig economy and the legal responsibilities of corporations for individuals injured by contract workers, setting a precedent for how similar cases might be approached in the future. The implications of this decision could influence the operational and training strategies of companies relying heavily on delivery services, ensuring more stringent adherence to safety protocols.
In a broader context, this case underscores the complexities and potential liabilities companies face when their operational models include subcontracted service providers. It emphasizes the importance of comprehensive training and oversight mechanisms to prevent such tragic incidents and safeguard public safety.