FROMTHE EXPERTS
FROMTHE EXPERTS
Bradfield v . Amazon Logistics and How to Establish Agency in Cases Against Amazon , FedEx and Other Last-Mile Logistics Companies
By David C . Shay and Mark J . Nagle
Large corporations are increasingly using independent contractors for last-mile delivery to shield themselves from liability . In many instances , these companies require individual drivers to form corporate entities .
Then , when an incident occurs , the company attempts to leave both the injured individual and their typically underinsured delivery drivers holding the proverbial bag . A recent case Bradfield v . Amazon Logistics , Georgia State Court ( Gwinnett County ), Case No . 22-C-07003-S7 , provides a roadmap on how to challenge this dynamic .
In Bradfield , Fried Goldberg obtained a $ 16.2 million verdict for a 2022 collision that resulted in a degloving injury to an 8-year-old child ’ s leg . The case is one of the first in the nation to go to trial on the issue of whether Amazon can be held liable for the negligence of its delivery service partners (“ DSP ”). Bradfield is instructive on how to try cases against Amazon , FedEx and other last-mile logistics companies and how to hold them accountable for the actions of their agents .
Bradfield v . Amazon Logistics
Bradfield involved an 8-year-old boy who was crossing a residential street on a small electric bike when he was run over and dragged 21 feet by a DSP delivery van . He suffered a broken pelvis and severe degloving injury to his leg , which required multiple surgeries and skin grafts and will require future care . Amazon denied liability for the actions of the DSP driver , arguing that he was
18 The Trial Lawyer