Trial Magazine

Jawonn Cowan drove a delivery van for Amazon Logistics, Inc., and delivery service partner Thompson & Carter Entities, LLC, d/b/a Fly Fella Logistics. He stopped in the roadway of a residential subdivision near four children waiting to cross the road. After Cowan motioned to the children to cross the street, three of them crossed on foot in front of his van. Eight-year-old Doe, the fourth child, then crossed in front of the van on an electric bike as Cowan began to accelerate.

The van struck Doe and dragged him 21 feet. He suffered a severe degloving injury to his leg and a broken pelvis. His injuries necessitated multiple surgeries and skin grafts, and he continues to suffer from scarring and emotional distress. His medical expenses totaled more than $206,600.

Doe’s father, individually and on his behalf, sued Amazon Logistics, Inc.; Thompson & Carter Entities; and Cowan, alleging that Cowan failed to ensure all the children were across the street and on the sidewalk before moving the van forward. The plaintiffs claimed that Cowan was the agent of both Amazon Logistics and Thompson & Carter Entities and that both were responsible for Cowan’s conduct. Additionally, the plaintiffs asserted that Amazon Logistics failed to properly train Cowan about responding to children in residential neighborhoods.

The plaintiffs maintained that Amazon’s control over its delivery service partners was so extensive that it effectively made Amazon Cowan’s employer. For instance, the plaintiffs argued, delivery service partners were required to follow Amazon’s strict guidelines, including maintaining insurance coverage with Amazon listed as an additional named insured, using Amazon’s proprietary apps, and adhering to Amazon’s performance metrics.

The jury awarded $16.2 million, finding that Amazon Logistics’s exercise of control over Cowan and Thompson & Carter Entities was such that it created the relationship of employer and employee. The jury apportioned liability at 85% to Amazon Logistics, 10% to Cowan and his employer, and 5% to a nonparty neighbor.

Citation: Bradfield v. Amazon Logistics, Inc., No. 22-C-07003 (Ga. St. Ct. Gwinnett Cnty. Aug. 19, 2024).

Plaintiff counsel: AAJ members Joseph Fried, Michael Goldberg, and Nathan Gaffney, all of Atlanta.