One of the delivery drivers is paraplegic.
ATLANTA — Two former Amazon Flex delivery drivers say they were violently shot by a customer while dropping off packages at his Georgia home — and now they’re suing the e-commerce giant for $400 million in damages , according to court documents.
Famed civil rights attorney Benjamin Crump announced that he and his co-attorney are representing DeKalb County resident Eduardo Gutierrez and Fulton County attorney Denson.
Gutierrez and Denson were dispatched separately to deliver packages to the same address where the customer 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 about hostile situations is the reason both men were seriously injured that day.
Gutierrez was sent by the Amazon Flex app to the customer’s home on Neal Street in northwest Atlanta around 7 p.m., court records show. The lawsuit said Gutierrez approached the residence’s front door and found that glass panes were broken. After leaving the package, he was walking back to his vehicle when he saw a laser aimed at him, reading records. Lawyers soon said the client fired five shots at Gutierrez — one hit his stomach.
“Fearing for his life, plaintiff Gutierrez quickly ran to his car and drove away,” the lawsuit reads. He called 911 to report the shooting and then called his wife to say he had been shot, adding that he loved her and their young son. He later stumbled into a restaurant, where the owner called 911, court records show. He was taken to Grady Memorial Hospital for treatment.
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A few minutes after the shooting, Denson was sent to the same address to deliver packages. When he arrived to make the donation, the same customer fired multiple shots at him, lawyers said. Court documents say Denson was shot in the spinal cord and immediately lost feeling in his legs, requiring him to drag himself back to his vehicle while calling 911. He couldn’t reach a dispatcher, so he called his mother, who repeatedly dialed the authorities, and eventually reached an operator, Crump’s office said. Paramedics came to take Denson to the hospital. Denson can’t feel or move his legs and is now a quadriplegic.
“As a result of the egregious mistakes by Amazon’s defendants described herein, two innocent workers — plaintiffs Denson and Gutierrez — were shot dead by an Amazon customer and sustained serious, life-threatening injuries and damage while attempting to deliver packages on Amazon’s behalf.” Attorneys wrote in the lawsuit.
Court documents say Amazon’s first negligence was failing to provide garments that would positively identify workers as Amazon delivery drivers. The attorneys added that Amazon harmed two people by not consolidating shipments to the same address and failed to provide information that the shipment was in “a high crime area known as ‘The Bluff’ in Atlanta.” ‘Georgia’.
The lawsuit further criticizes Amazon Flex software for not tracking deliveries and notifying customers when a driver approaches their home, calling the software an “industry standard.” Crump’s office also claims Amazon has failed to train its drivers on how to deal with angry or hostile customers, especially when threatened with 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 says the two men suffered temporary and permanent injuries, adding that in addition to immediate pain and suffering, they also suffered from post-traumatic stress and depression. Her attorneys said her life changed because of that workplace shooting.
As a result, Denson’s legal team is suing for $350 million to cover medical and ongoing expenses and his pain and suffering. Gutierrez is suing for $50 million on similar grounds, court documents say.
The lawsuit seeks to bring the matter before a jury at Amazon’s expense.
In a statement, Amazon expressed its condolences to those affected.
“We are aware of this horrific incident and offer our deepest condolences to the two drivers involved. In addition, we offer our assistance to them and law enforcement to investigate these crimes,” said spokeswoman Kelly Nantel.
