Delivery drivers sue Amazon after Georgia man mistook them for burglars and shot them
Two Amazon Flex delivery drivers were shot minutes apart by a Georgia homeowner who reportedly thought they were on his property to rob him.
Now they’re suing the e-commerce giant for negligence.
Lawyer Denson and Eduardo Gutierrez were dispatched to a “high crime area” in northwest Atlanta just after 7 p.m. on Jan. 13 to deliver Amazon packages, according to the lawsuit. Denson and Gutierrez both worked for Amazon Flex, in which independent drivers use their personal vehicles to deliver packages. Their lawyers said neither men were given safety vests to identify them as Amazon drivers.
They are being represented by civil rights attorney Ben Crump, who also represented George Floyd’s family.
“These two men were seriously injured while working for Amazon, one of the largest and wealthiest businesses in the world,” Crump said in a statement. “Amazon has a moral obligation to do more to protect its employees.”
A company spokesperson responded to the complaint in a statement to McClatchy News on March 24.
“We’re aware of this terrible incident, and express our deepest sympathies to the two drivers involved,” spokesperson Kelly Nantel said. “In addition, we offer our support to them both and to law enforcement as they investigate these crimes.”
According to the complaint filed Wednesday, March 23, in Fulton County court, Gutierrez was dispatched to the home first. It was reportedly his third shift working as an Amazon Flex delivery driver.
Gutierrez was placing the package at the front door when he heard dogs barking inside, his lawyers said.
“Fearful of being attacked by the dogs, Plaintiff Gutierrez turned toward his car when he saw a laser pointing at him,” the complaint states. “Plaintiff Gutierrez then heard gunshots and began to run. Plaintiff Gutierrez then felt an intense pain in his stomach and saw blood spewing from his abdominal area.”
At least five shots rang out — four of which hit his car, his lawyers said.
Gutierrez managed to drive away from the house and call 911. According to the lawsuit, he also called his wife to say he loved her and their son before stumbling into a nearby restaurant, where the owner reached emergency services.
Within a few minutes of Gutierrez fleeing the house, Denson reportedly arrived to deliver a second package.
Denson brought the package to the front door and was taking a picture to confirm delivery when the homeowner came out and started shooting at him, his lawyers said. He was reportedly shot in the back as he tried to run.
“Plaintiff Denson was able to muster enough upper body strength to drag himself to his car and call for help,” the lawsuit states. “Plaintiff Denson was unable to reach a 911 operator, so he called his mother, Rosalind Harrell. Believing he was going to die, Plaintiff Denson said to his mother: ‘I’m not going to make it, momma. I love you.’”
Denson’s lawyers said his mother was able to reach 911 and used “Find My iPhone” to give dispatchers her son’s location.
He was brought to Grady Memorial Hospital with a bullet lodged in his spinal column, court documents state, and is now paraplegic.
“Life is definitely different,” Denson said during a news conference announcing the lawsuit.
Police arrested the customer accused of shooting the two drivers, whom they identified as Keontae Guthridge. Guthridge is charged with two counts of aggravated assault and one count of aggravated battery, arrest records show. He remains in jail.
Attorneys for Gutierrez and Denson said Amazon failed to provide them with any clothing that would identify them as Amazon delivery drivers, as well as proper safety training. They also said the company doesn’t use software that lets a customer know when a driver is approaching.
That software is routinely used by other delivery companies such as UPS, FedEx, Lyft, Uber, GrubHub and Doordash, according to the complaint.
Amazon was also accused of not informing its drivers when they are entering a “high crime area” — in this case, an area of Atlanta known as “The Bluff.”
The drivers’ lawsuit names Amazon as well as the homeowner, Guthridge, as defendants. Amazon is accused of negligence and intentional infliction of emotional distress.
Guthridge is accused of civil battery, aggravated assault and aggravated battery.
The drivers are seeking at least $400 million in damages — including $350 million for Denson’s medical expenses.
This story was originally published March 24, 2022 at 11:10 AM with the headline "Delivery drivers sue Amazon after Georgia man mistook them for burglars and shot them."
