NEWBURYPORT, Mass. — A local man struck by an Amazon delivery van nearly two years ago was awarded $56 million by a Middlesex Superior Court jury last week, according to court records.
The July 22 verdict, which comes nearly two years after the incident, is the largest delivered by a jury anywhere in the United States against Amazon Logistics, the delivery arm of Amazon, according to Marc Breakstone of Breakstone, White & Gluck, who represented local resident Malcolm S. Carnwath alongside Tucker Merrigan of Sweeney Merrigan Law.
“The previous largest verdict was, I think, $44.5 million,” Breakstone said in an interview Tuesday.
Carnwath, 78, of Newburyport was driving in Portsmouth, New Hampshire, on Nov. 16, 2024, when his vehicle was struck by an Amazon delivery truck head on.
The Amazon delivery van operated by Nazayah Carrasquillo, a delivery driver employed by Agora Logistics Inc. – a delivery service partner of Amazon Logistics – crossed over a double yellow line and hit Carnwath’s vehicle, according to court documents.
The complaint filed by Carnwath and his attorneys said the crash was caused by Carrasquillo’s “carelessness and/or gross negligence.”
Court documents also said Carrasquillo fell asleep behind the wheel before colliding with Carnwath’s vehicle. The crash was captured by a driver’s eye camera system and shows “the driver repeatedly closing his eyes and drifting into oncoming traffic. The Netradyne Camera system monitors drivers on their routes, and is touted by Amazon as a central feature of their safety system.”
The camera system, according to court documents, had the capability to issue audible warnings before the crash and cause other potential intervention and escalation of observed dangerous situations.
“However, testimony has revealed that many of these warnings had been intentionally disabled, and no intervention occurred,” court documents read.
As a result of the crash, Carnwath “suffered great pain of body and anguish of mind, significant special damages and medical expenses, and his ability to enjoy life has been significantly diminished,” court documents said.
Specifically, the impact of the crash resulted in a below-the-knee amputation, organ damage, multiple fractures and a global brain injury for Carnwath, according to court documents.
Since the crash, Carnwath has required constant care, was in the intensive care unit for nearly five months, and is now at a rehabilitation facility. Court documents also said he has incurred almost $6 million worth of medical bills.
But, Breakstone said this verdict will make a substantial impact on his client’s life and ensure that all of his care needs are met.
“His medical and life care needs are almost limitless, but this money will provide the care that he needs to have the best quality of life, which is the goal of this process,” he said.
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