One of the delivery drivers has become a paraplegic.
ATLANTA — Two former Amazon Flex delivery drivers say they were violently shot by a customer while dropping off packages at his home in Georgia — and now they’re suing the e-commerce giant for $400 million in damages , according to court records.
Renowned civil rights attorney Benjamin Crump announced that he and his co-counsel are representing DeKalb County resident Eduardo Gutierrez and Fulton County resident attorney Denson.
Gutierrez and Denson were sent separately to deliver packages to the same address where the client lived on Jan. 13, the couple’s attorneys said in a press release. The lawsuit alleges that Amazon’s failure to provide information or training on hostile situations is the reason the two men were seriously injured that day.
Gutierrez was sent by the Amazon Flex app to the client’s home along Neal Street in northwest Atlanta around 7 p.m., court records show. The lawsuit said Gutierrez approached the residents’ front door and noted that windows had been smashed. After leaving the package, he returned to his vehicle when he saw a laser pointed at him, records show. Lawyers said shortly after the client fired five shots at Gutierrez, one hit his stomach.
“Fearing for his life, Plaintiff Gutierrez quickly ran to his car and drove off,” the lawsuit states. He called 911 to report the shooting, then called his wife to say he had been shot, adding that he loved her and their infant son. He later fell into a restaurant where the owner called emergency medical services, court records show. He was taken to Grady Memorial Hospital for treatment.
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Minutes after the shooting, Denson was dispatched to the same address to deliver packages. As he arrived to make the deposit, the same client fired several shots at him, the lawyers said. Court documents say Denson was shot in the spinal cord and immediately lost feeling in his legs, leaving him to drag himself to his vehicle while calling 911. He was unable to reach a dispatcher so he called his mother who repeatedly dialed for authorities and eventually reached an operator, Crump’s office said. Paramedics arrived to take Denson to the hospital. Denson cannot feel or move his legs and is now a paraplegic.
“As a result of the egregious failures of the Amazon defendants described here, two innocent workers, plaintiffs Denson and Gutierrez, were shot and killed by an Amazon customer and suffered serious and life-threatening injuries and damages as they were attempting to deliver packages on behalf of Amazon. attorneys wrote in the lawsuit.
Court documents say Amazon’s first act of negligence was to fail to provide clothing that clearly identified workers as Amazon delivery drivers. The lawyers added that Amazon exposed two people to harm by not consolidating deliveries to the same address and provided no delivery information to “a high-crime area known as ‘The Bluff.’ in Atlanta, Georgia”.
The lawsuit goes on to criticize the Amazon Flex software for not tracking delivery and notifying customers when a driver approaches their home, calling the software an “industry standard.” Crump’s office also alleges that Amazon provided no training to its drivers on how to handle angry or hostile customers, especially when threatened by dangerous weapons.
“These two men were seriously injured while working for Amazon, one of the largest and wealthiest companies in the world,” Crump said in a press release. “Amazon has a moral obligation to do more to protect its employees.”
The lawsuit said both men suffered temporary and permanent injuries, adding that in addition to immediate pain and suffering, they also suffered from post-traumatic stress and depression. Their lawyers said their lives were changed because of that workplace shooting.
As a result, Denson’s legal team is suing for $350 million to cover medical care and living expenses as well as his pain and suffering. Gutierrez is suing for $50 million on similar grounds, according to court documents.
The lawsuit seeks to put the matter to a jury at Amazon’s expense.