Bradfield, et al. v. Amazon Logistics, et al.

Summary

Plaintiff seeks to recover against Amazon and its delivery partner for injuries a child suffered when he was struck by an Amazon delivery van.

Plaintiff contends that the delivery driver was negligent in failing to keep a watch for all children crossing a roadway when pulling away from a stop in a subdivision. Plaintiff adds the driver was not properly trained on safety protocol. Plaintiff further claims that Amazon exercised such control over the delivery partner's operations as to render it an employer of the driver, subjecting it to liability for the driver's conduct.

Amazon and the delivery partner contend the driver acted appropriately in stopping for children to cross the roadway and looking both ways before pulling away. Despite this, defendants contend the driver could not reasonably see the child.

Defendants further claim that the child's father and a neighbor, who had agreed to watch the child, were responsible by failing to supervise the child and by allowing him access to a bike that was not age appropriate.

Defendants finally contend that the delivery partner was an independently contracted business and that Amazon could not be considered the driver's employer.

Click here for a playlist on the employment relationship issue.

Click here for a playlist on the negligent training issue.

Outcome

Verdict for the plaintiff: $16.2 million.

Apportionment of fault:
Amazon 85% on negligent training claim.
FlyFella Logistics driver: 10%
Non-party neighbor: 5%

Jurors also found Amazon exercised sufficient control over Fly Fella Logistics to render it liable under employment relationship principles, for the driver's conduct.