Jury Awards $16.2 Million After Amazon Delivery Van Crash Injured Child

The Facts of the Case

The accident occurred in 2022. The child was crossing a street on an electric bike. The driver of the delivery van had stopped to let another group of children cross the street. As the driver started moving the van again, he struck the boy on his electric bicycle, running over the boy.

The boy suffered several injuries, including a fractured pelvis and a degloving injury. Treatment of these injuries has caused permanent scarring.

At trial, arguments focused on who was ultimately responsible for the collision: Amazon, the delivery contractor, the driver, a neighbor who agreed to watch the child, or some combination thereof. Arguments also explored the relationship between Amazon and the delivery contractor, asking whether Amazon’s control over the contractor was sufficient to make the company liable for the injuries.

At trial, Amazon’s attorney, R. Dal Burton of Wilson Elser, argued that the neighbor failed to properly supervise the boy after agreeing to do so. Specifically, he noted that the boy was riding a bike designed for children and adults ages 13 and older. Burton also noted that the boy was left to play unattended after the neighbor went back inside her house.

Attorney Wayne Satterfield of Hall Booth Smith, representing delivery contractor Fly Fella, argued that the delivery driver acted reasonably. Satterfield described the driver as looking both ways and waiting for the children in front of him to clear the roadway.

Representing the family, attorneys Joseph Fried and Michael Goldberg of Fried Goldberg emphasized that the delivery driver should have seen the boy. They also pointed out that Amazon controlled nearly everything Fly Fella did, from setting driver wages to dictating delivery procedures - conduct that could make Amazon responsible for training the driver and liable for the driver’s conduct.

The Jury’s $16.2 Million Verdict

The jury returned a $16.2 million verdict against Amazon and the other defendants after a four-day trial. The award includes $16 million for the boy’s pain and suffering and approximately $206,000 for medical expenses already incurred.

After hearing evidence and arguments, the jury found that Amazon bore 85 percent of the responsibility for the injury. The jury decided Amazon bore this responsibility for failing to adequately train delivery drivers.

The jury assigned 10 percent of the responsibility to the driver, who worked for a delivery contractor. Jurors found, however, that Amazon was ultimately liable for the driver’s share of the fault, determining that Amazon exercised sufficient control over the defendant contractor to be responsible for the driver’s actions.

Finally, the jury assigned 5 percent of the fault to a neighbor who had agreed to watch the child. The neighbor was not a party to the case. The $16.2 million verdict will be reduced proportionately.

Takeaways for Attorneys

In some cases, the parties prove more challenging to face than their attorneys. Such was the situation here, according to attorney Michael Goldberg.

Goldberg noted that Amazon’s attorneys “are good people and good lawyers,” but he said that Amazon itself was “difficult to deal with.” The retail giant refused to attend mediation and made no offer to settle until one week before trial. The company also gave the boy’s family only one day to decide whether or not to take the offer, according to Goldberg. A second offer was made during closing arguments, but with an even shorter timeframe: the boy’s family had to accept it before closing arguments ended.

Goldberg also praised his own client, noting that “our client was the rock of our team.”

As in any situation involving multiple parties, goals and personalities can clash. When this happens, maintaining clarity on the issues in the case is a must. Having a clear, trusting relationship between attorney and client - as well as cordial communications with opposing counsel - can clarify where issues lie and offer opportunities to address them.