$56,000,000 – Largest Single-Plaintiff Verdict in Massachusetts History

78 year-old Newburyport man catastrophically injured in head-on collision with Amazon Delivery van

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On November 16, 2024, a defendant Amazon Logistics-owned package delivery van driven by defendant Nazayah Carrasquillo crossed the centerline on Lafayette Road in Portsmouth, New Hampshire, and struck head-on a vehicle operated by Malcolm Carnwath, a 77-year-old Newburyport resident. Video from the Amazon delivery van showed Carrasquillo driving while visibly drowsy before falling asleep immediately before the collision.

Mr. Carnwath sustained catastrophic injuries, including permanent a brain injury from innumerable ischemic strokes following cardiac arrest, a below-the-knee amputation of his left leg, 24 fractures involving his extremities, chest and spine, multiple internal injuries, and permanent loss of independence. He underwent twelve major surgeries and procedures, remained hospitalized for approximately six months, and was thereafter transferred to an inpatient rehabilitation hospital, where he remained at the time of trial approximately twenty months later. He requires lifelong, around-the-clock care.

Plaintiff alleged that Amazon was negligent in its training of defendant Carrasquillo and also vicariously liable because defendant Agora Logistics and its driver acted as Amazon’s agents notwithstanding the Delivery Service Partner (DSP) Agreement’s independent-contractor language. The litigation involved extensive discovery, including numerous corporate and medical experts, and was prepared for trial on liability, agency, causation, damages, and future care.

Two weeks before trial, defendants stipulated that Carrasquillo and Agora were negligent. Five days before trial, Amazon further stipulated that it was legally responsible for their Carrasquillo and Agora’s conduct, including vicarious liability. Then, at approximately 7:55 p.m. on the evening before jury selection, Amazon withdrew all four of its disclosed damages experts. As a result, the trial proceeded solely on the amount of damages to be awarded.

Judge Sarah Ellis conducted an efficient jury selection process that included attorney-conducted voir dire following individual judicial screening. Twenty-seven of sixty-two prospective jurors were excused for cause based upon their expressed inability to remain fair and impartial to Amazon. The fourteen-person jury was selected in under four hours.

The plaintiff presented his case in two trial days through four fact witnesses and one rehabilitation medicine expert. The three-day trial focused entirely on the magnitude of Mr. Carnwath’s physical injuries, permanent cognitive impairment, loss of independence, and future medical needs. Amazon urged the jury to award approximately $37 million in total damages, consisting of $18.5 million for medical and life-care expenses and an equal amount for pain and suffering. Plaintiff argued that full justice required substantially greater compensation in light of the complete destruction of virtually every aspect of Mr. Carnwath’s life.

The jury returned a verdict of $56 million. The verdict is believed to be the largest compensatory personal injury verdict for a single plaintiff in Massachusetts history and the largest reported personal injury verdict against Amazon Logistics in the country. Before the collision, Mr. Carnwath was an active real estate professional, accomplished musician, and devoted member of the Newburyport community whose independence, mobility, and ability to participate in the activities that defined his life were permanently destroyed.