Trial Magazine

Shannon Shaw, 43, was driving his Harley Davidson motorcycle at or under the speed limit on a rural roadway when Amazon delivery associate Kevin Blekicki suddenly turned his delivery van directly into Shaw’s path. The two collided at 45 mph, and Shaw took the full brunt of the impact with his shoulder and head.

He suffered a traumatic brain injury and multiple orthopedic injuries, including a torn rotator cuff and disk injuries that necessitated surgery and the placement of spinal cord stimulators. A network maintenance technician for Comcast earning $88,000 annually, Shaw incurred approximately $453,700 in past medical expenses.

Shaw sued Amazon.com Inc., Amazon.com LLC, Amazon.com Servs., Inc., and Amazon Logistics, Inc.; Blekicki; and MJV Logistics, LLC, the service delivery partner. The plaintiff alleged that Blekicki and MJV Logistics were liable for negligence, specifically distracted driving and failure to yield the right-of-way, and that the Amazon defendants had the right to control MJV Logistics or Blekicki. Additionally, the plaintiff claimed that the defendants had acted in a reckless, willful, or wanton manner.

The defense asserted that Blekicki was an employee of the service delivery partner, not Amazon. The plaintiff countered that Amazon had exercised actual control over the delivery process.

The jury awarded $44.63 million. The award includes $30 million in punitive damages against the Amazon defendants.

Citation: Shaw v. Amazon.com Inc., No. 2021-CP-18-02173 (S.C. Ct. Com. Pl. Dorchester Cnty. Dec. 7, 2023).

Plaintiff Counsel: AAJ members David B. Yarborough Jr., Alexandra Heaton, and William E. Applegate IV; and Nicholas Clekis, all of Charleston, S.C.