Barra Complaint

1 2 Hon. Stanley J. Rumbaugh

3 4 5 6 7 8 9 10

IN THE SUPERIOR COURT OF WASHINGTON FOR PIERCE COUNTY RACHEL N. BARRA, as Personal Representative of the ESTATE OF ROBERT D. BARRA, and on behalf of herself individually and the three minor children of Robert D. Barra,

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COMPLAINT FOR WRONGFUL DEATH AND DAMAGES

Plaintiff,

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NO. 23-2-10457-4

v.

AMAZON.COM, INC., a foreign corporation; AMAZON LOGISTICS, INC., a foreign corporation; SOUTH SOUND FINAL MILE, LLC, a Washington limited liability company; SEAN JENSON and SPOUSE DOE JENSON, individually and their marital community, Defendants.

I.

INTRODUCTION

The Amazon is the world’s mightiest river in terms of its volume and extensive drainage into the Atlantic Ocean. In 1994, the iconic name and its features, was coopted by Jeff Bezos and registered as the URL Amazon.com. Ever since, Amazon.com has maintained explosive growth to the point that it has now been branded a monopolist by the FTC.

PLAINTIFFS’ COMPLAINT FOR DAMAGES - 1 STRITMATTER KESSLER KOEHLER MOORE 3600 15th Ave W, Ste. 300 Seattle, WA 98119 Tel: 206.448.1777

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One of Amazon’s core concepts and the reason for its success – is getting shoppers’

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packages delivered to their doorsteps as quickly as possible. The Prime program, launched in

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2005, escalated its promised delivery speeds. Each year Amazon accelerates its goal of being the

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biggest and fastest in the land. To the point where now the 1.8 billion packages dropped off at

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U.S. Prime members’ homes the same or next day – is nearly four times what it delivered at those

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speeds in 2019.

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Amazon’s voracious need for more and faster delivery resources, led it to purchase fleets

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of planes and container trucks to move packages through a system of warehouse fulfillment

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centers and branches. It also led them to develop a Last Mile program. Where short range

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delivery vans would shuttle packages from strategically located sortation centers to Amazon

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customers. Amazon claims to have invested $8 billion into this program, created 279,000 driving

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jobs delivering 20 million packages per day. It now delivers more packages in the U.S. than any

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other carrier including USPS and UPS.

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Amazon also claims that Last Mile Amazon delivery drivers are not part of Amazon. Even

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though they wear Amazon uniforms, drive Amazon vans, are trained according to Amazon

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standards at Amazon training facilities, pick up packages at Amazon, follow the instructions of

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an Amazon app to deliver the packages, have their routes and activities monitored by Amazon,

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and at the end of a successful delivery can be thanked by a happy Amazon customer who tells an

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Amazon AI product to do so.

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In an attempt to avoid legal liability for injuring or in this case killing members of the

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publics who are also entitled to use the roadways, Amazon created an elaborate middle-person

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program. A driver under strict requirement to deliver 999 of 1,000 packages on time, is in a

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constant state of rushing. If that driver fails to take the time to drive safely, and negligently hits

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PLAINTIFFS’ COMPLAINT FOR DAMAGES - 2 STRITMATTER KESSLER KOEHLER MOORE 3600 15th Ave W, Ste. 300 Seattle, WA 98119 Tel: 206.448.1777

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and kills someone, Amazon claims the middle-person – not Amazon – is responsible to pay any

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insurance claim.

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Amazon’s scheme of populating the world’s roadways with delivery vans in a rush may

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make customers happy. But the risk to the lives of others. The devastation wrought upon families

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who lose their beloveds to poor judgment calls by jittery delivery drivers always in a hurry. Those

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consequences cannot, under the concept of vicarious liability, be legally pawned off onto the

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shoulders of those people and small businesses, whom Amazon has set up to take the fall.

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Robert Barra January 3, 1980 – August 4, 2023

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Plaintiff alleges:

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II. 1.1

PARTIES

At the time his life was prematurely taken, Decedent Robert D. Barra was a 43-

year-old husband, father of three minor children, and resident of Pierce County, Washington.

PLAINTIFFS’ COMPLAINT FOR DAMAGES - 3 STRITMATTER KESSLER KOEHLER MOORE 3600 15th Ave W, Ste. 300 Seattle, WA 98119 Tel: 206.448.1777

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1.4

Defendant Amazon Logistics, Inc., (“Defendant Amazon Logistics”) is a

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corporation organized under the laws of the State of Delaware, registered with the Secretary of

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Washington State UBI #603496542, with its principal place of business in Seattle, King County,

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Washington. All acts and/or omissions of Defendant Amazon Logistics were done in joint venture

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or other agency relationship with Defendant Amazon, Defendant South Sound Final Mile, and

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Defendants Jensen. Defendant Amazon Logistics is vicariously liable for the acts and/or

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omissions of all other defendants performed or occurring within the course and scope of their

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employment, joint venture, and/or other agency relationships.

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1.5

Defendant South Sound Final Mile, LLC, (hereinafter “Defendant South Sound”)

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is a limited liability company organized under the laws of the State of Washington, UBI

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#604633259, with its principal place of business in Lakewood, Pierce County, Washington. All

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acts and/or omissions of Defendant Amazon South Sound Final Mile were done in joint venture

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or other agency relationship with Defendant Amazon, Defendant Amazon Logistics and

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Defendants Jensen. Defendant South Sound is vicariously liable for the acts and/or omissions of

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all other defendants performed within the course and scope of their employment, joint venture,

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and/or other agency relationships.

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1.6

Defendants Sean Jensen and Spouse Doe Jensen are a married couple residing at

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all material times in Thurston County, Washington. Defendant South Sound employed Defendant

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Sean Jensen at all material times. All acts and/or omissions of Defendant Sean Jensen were

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performed individually, on behalf of the marital community, and in the course and scope of their

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employment, agency and/or joint venture relationship with all the other Defendants.

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II.

JURISDICTION AND VENUE

PLAINTIFFS’ COMPLAINT FOR DAMAGES - 5 STRITMATTER KESSLER KOEHLER MOORE 3600 15th Ave W, Ste. 300 Seattle, WA 98119 Tel: 206.448.1777

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2.1

The Superior Court of Pierce County, State of Washington, has subject

matter jurisdiction over this action pursuant to RCW 2.08.010.

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2.2

Jurisdiction and venue are proper in and the Superior Court of Washington

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Pierce County because the incident occurred in Tacoma, Pierce County, Washington, and

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because one or more defendants is a resident of Pierce County, State of Washington. RCW

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4.12.020.

III.

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Defendant Amazon

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3.1

FACTS

Defendant Amazon began as an online bookstore in 1994 and is now one

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of the largest companies in the world, ranked among the five largest publicly traded

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companies by both market capitalization and revenue.

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3.2

Amazon’s business spans vast portions of the American economy

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extending from its core of online retail into media, cloud computing, brick-and-mortar

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grocery stores, an array of logistics and operations services, and more. It has expanded in

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part through acquisition sprees, buying up more than 100 companies in sectors spanning

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entertainment, grocery, and healthcare. Its reach ranges from selling and delivering books,

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socks, and spatulas; to making movies; to running a pharmacy; operating datacenters that

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house exabytes of data; and more.

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3.3

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is a monopolist. 1

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3.4

According to the Federal Trade Commission (“FTC”) Defendant Amazon

There are four fundamental impacts on freight distribution for the e-

22 23 Amazon, Inc.: Complaint for Relief (ftc.gov), (FTC, et al. v. Amazon.com, Inc., Case No. 2:23-cv-01495 (W.D. Wash. Sept. 26, 2023)).

PLAINTIFFS’ COMPLAINT FOR DAMAGES - 6 1

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STRITMATTER KESSLER KOEHLER MOORE 3600 15th Ave W, Ste. 300 Seattle, WA 98119 Tel: 206.448.1777

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commerce arm of Amazon. 2

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E-commerce companies have recently developed capabilities as third-party and

fourth-party logistics service providers, following vertical integration strategies through the acquisition of freight distribution segments. The primary forms this expansion takes for large ecommerce platforms like Defendant Amazon include carrier services, such as truck parcel deliveries, and freight services such as distribution and warehousing facilities (Lieb and Leib, 2016). These services have the potential to compete with those of already established third-party logistics (“3PLs”). The setting of urban logistics facilities and freight stations (pick up points) are also part of vertical integration.3 3.6

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The general role and function of e-commerce freight distribution is as follows 4:

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The distribution network of Amazon and the footprint of freight digitalization - PMC (nih.gov) The distribution network of Amazon and the footprint of freight digitalization - PMC (nih.gov) 4 The distribution network of Amazon and the footprint of freight digitalization - PMC (nih.gov) PLAINTIFFS’ COMPLAINT FOR DAMAGES - 7 2 3

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STRITMATTER KESSLER KOEHLER MOORE 3600 15th Ave W, Ste. 300 Seattle, WA 98119 Tel: 206.448.1777

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3.7

Defendant Amazon originally sold goods to shoppers by purchasing items

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wholesale (the suppliers are called “vendors”) and reselling them on its website. Today

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Defendant Amazon continues to sell a wide range of products through this type of vendor-

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retailer relationship, including without limitation everything from laundry detergent to sports

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equipment.

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3.8

Defendant Amazon also sells its own private label goods. These range from

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devices like its Kindle e-reader or Ring doorbell to consumer products like batteries sold under

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the “Amazon Basics” label, to products without any clear affiliation, such as dietary

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supplements sold under the “Revly” label.

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3.9

These two components, vendor-retailer and private label, make up Defendant

Amazon’s first-party retail business unit which it collectedly refers to as Amazon “Retail.”

3.10

Defendant Amazon also runs its “Marketplace,” where other companies

PLAINTIFFS’ COMPLAINT FOR DAMAGES - 8 STRITMATTER KESSLER KOEHLER MOORE 3600 15th Ave W, Ste. 300 Seattle, WA 98119 Tel: 206.448.1777

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(which it calls “Sellers”) can sell products directly through its online store resulting in

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“Marketplace” sales.

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3.11

Amazon charges Sellers for the use of Amazon’s fulfillment and delivery services.

4

3.12

Sellers’ products make up a growing majority of Defendant Amazon unit sales –

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60% in the second quarter of 2023.

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3.13

Each month in the United States, 126 million people visit Defendant Amazon on

a mobile device and more than 42 million people access it on a desk top computer.

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3.14

Since 2005, Defendant Amazon has run a subscription program called Amazon

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Prime. For an annual fee, subscribers receive unlimited shipping on eligible items, at no per-order

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cost. This includes an unlimited two-day shipping promise on eligible items at no per-order cost.

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3.15

The Prime subscription fee makes subscribers feel as though they must make the

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subscription fee worth it by making more purchases on Defendant Amazon.

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3.16

Free Prime shipping is the top enticement for consumers to become Prime members.

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Fulfilled by Amazon (FBA)

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3.17

Defendant Amazon sells fulfillment services and facilitates delivery under the

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name “Fulfilled by Amazon.” Sellers can use FBA to fulfill orders customers make on Defendant

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Amazon.

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3.18

“Fulfillment” refers to the process of preparing items for shipping to “fulfill”

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online orders. It involves storing, picking up (retrieving from storage), packaging, and preparing

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items purchased from online retail stores for delivery. The operations generally occur within a

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specialized warehouse called a “fulfillment center.”

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3.19

Defendant Amazon markets the FBA service as an Amazon owned and run

program.

PLAINTIFFS’ COMPLAINT FOR DAMAGES - 9 STRITMATTER KESSLER KOEHLER MOORE 3600 15th Ave W, Ste. 300 Seattle, WA 98119 Tel: 206.448.1777

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5

11 12

3.20

Through the success of the FBA program, Amazon now estimates that it

makes more deliveries in the United States than any other company.

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Amazon’s Delivery Service

14 15 16 17 18 19 20 21

6

22 23 https://sell.amazon.com/learn/ecommerce-fulfillment Amazon Delivery Is Fast but Sometimes Deadly, Investigation Shows (caranddriver.com) PLAINTIFFS’ COMPLAINT FOR DAMAGES - 10 5

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STRITMATTER KESSLER KOEHLER MOORE 3600 15th Ave W, Ste. 300 Seattle, WA 98119 Tel: 206.448.1777

1 2

3.21

Delivery is a related but distinct service. “Delivery” refers to the specific process

of transporting a package from a fulfillment center to a customer’s chosen address.

3

3.22

Defendant Amazon both fulfills and delivers products purchased on its

4

online superstore.

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3.23

According to the FTC, Defendant Amazon coerces Sellers into using FBA to

obtain Prime eligibility and successfully sell on Amazon.

13

3.24

According to the FTC, Defendant Amazon exploits sellers’ demand for access to

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Prime eligibility by generally conditioning that access on use of its proprietary fulfillment service,

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FBA, even though other fulfillment options could provide comparable or better service.

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3.25

According to the FTC, Sellers who use FBA must relinquish physical control over

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their products and place them in Amazon’s fulfillment centers, which serve only Amazon

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customers.

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3.26

In 2013, alleged internal documents of Defendant Amazon set forth its goals of

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owning its entire supply chain and becoming a full-fledged shipping company. The strategy was

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entitled “Operation Dragon Boat” and recommended expanding its fulfillment service into a

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global delivery network.7

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Amazon's "Operation Dragon Boat" and What it Means for the Shipping Industry - Bringg PLAINTIFFS’ COMPLAINT FOR DAMAGES - 11 7

STRITMATTER KESSLER KOEHLER MOORE 3600 15th Ave W, Ste. 300 Seattle, WA 98119 Tel: 206.448.1777

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3.27

In 2014, Defendant Amazon started a process of vertical integration by

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expanding in ground transportation services. It bought stakes in two shipping companies:

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Yodel and Colis Prive. In 2016 it purchased the remaining shares of Colis Priveg and

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began leasing Boeing 767 aircraft.8

5

3.28

By 2019, it owned 20,000 Mercedes Benz Sprinter delivery vans, had

6

purchased another 2,000 from Spartan, and announced the purchase of 100,000 electric

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delivery vans. 9

8 9

3.29

By 2020, it was estimated that Defendant Amazon operated a fleet of more

than 20,000 tractor-trailers.10

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11

16 3.30

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As of 2020, Defendant Amazon owned 47 sortation centers of a median size of

321,400 square feet, including one in the Puget Sound region.12

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A Timeline of Amazon's Shipping and Fulfillment Evolution - Bringg Amazon Orders 100,000 Electric Vans From Tesla Rival Rivian (businessinsider.com) 10 The distribution network of Amazon and the footprint of freight digitalization - PMC (nih.gov). (citing Thomas Industry Update, 2019) 11 How Amazon Hooked America on Fast Delivery While Avoiding Responsibility for Crashes (propublica.org) 12 The distribution network of Amazon and the footprint of freight digitalization - PMC (nih.gov) PLAINTIFFS’ COMPLAINT FOR DAMAGES - 12 8 9

STRITMATTER KESSLER KOEHLER MOORE 3600 15th Ave W, Ste. 300 Seattle, WA 98119 Tel: 206.448.1777

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3.31

their reliance on accessibility to a regional parcel distribution market.13

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Sortation centers are the facilities having the highest level of dispersion underlying

3.32

Last mile for Defendant Amazon, allows servicing specific metropolitan markets

and neighborhoods, including the Puget Sound region, through delivery centers where parcels are loaded on vans for home deliveries or delivery points. 14

19 20 21 22 23 The distribution network of Amazon and the footprint of freight digitalization - PMC (nih.gov) The distribution network of Amazon and the footprint of freight digitalization - PMC (nih.gov) PLAINTIFFS’ COMPLAINT FOR DAMAGES - 13 13

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STRITMATTER KESSLER KOEHLER MOORE 3600 15th Ave W, Ste. 300 Seattle, WA 98119 Tel: 206.448.1777

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and

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3.33

In 2021, Defendant Amazon purchased its first fleet of planes. 15

3.34

In November 2021, Dave Clark, Defendant Amazon’s CEO of worldwide

consumer, told CNBC:

17

We expect we will be one of the largest carriers in the world by the end of this year… I think we’ll probably be the largest package delivery carrier in the U.S. by the time we get to the end of the year, if not in early ‘22. 16

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3.35

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According to CNBC:

Its goal has been to have greater control over how shoppers’ packages get to their doorsteps. The retail giant now oversees thousands of last-mile delivery companies that deliver packages exclusively for Amazon, as well as a budding in-house network of planes, trucks, and ships. It has also dotted the country with warehouses and air hubs that can speed along packages. Analysts and investors

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Amazon buys its first planes to expand air network - BBC News Amazon on track to be largest U.S. delivery service by 2022, exec says (cnbc.com) PLAINTIFFS’ COMPLAINT FOR DAMAGES - 14 15

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STRITMATTER KESSLER KOEHLER MOORE 3600 15th Ave W, Ste. 300 Seattle, WA 98119 Tel: 206.448.1777

have long predicted that those tools would enable Amazon to one day rival major carriers like UPS, FedEx and the U.S. Postal Service. 17

1 2 3 4 5 6 7 8

3.36

In 2021, Defendant Amazon Logistics delivered around 4.75 billion

packages in the United States. 18 3.37

In 2018, Defendant Amazon launched the Amazon Delivery Service Partner

program (DSP). Since then it has invested $8 billion in to the program, created 279,000 driving jobs, generated $45 billion in revenue, and now delivery over 20 million packages per day translating to $7.3 billion packages per year. 19

9 10 11 12 13 14 15 16

20

17 18 19

3.38

Amazon advertises for drivers on its own web portal which is linked to a job

listings site.

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Amazon on track to be largest U.S. delivery service by 2022, exec says (cnbc.com) Amazon Logistics: package volume in the U.S. | Statista 19 Amazon invests over $840 million in DSP rates and new driver programs (aboutamazon.com) 20 Amazon Delivery Service Partner Program PLAINTIFFS’ COMPLAINT FOR DAMAGES - 15 17 18

STRITMATTER KESSLER KOEHLER MOORE 3600 15th Ave W, Ste. 300 Seattle, WA 98119 Tel: 206.448.1777

1 2 3 4 5 6 7 8 9 10 11 12 3.39

13 14 15

“Alexa, thank my driver” which triggers Defendant Amazon/Amazon Logistics to notify their driver of the customer’s appreciation.21 3.40

16 17

Customers can directly thank their drivers for making deliveries by saying:

Defendant Amazon/Amazon Logistics has estimated that it now makes

more deliveries in the United States than any other company.

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How do Amazon packages get delivered: Watch claymation video (aboutamazon.com) PLAINTIFFS’ COMPLAINT FOR DAMAGES - 16 21

STRITMATTER KESSLER KOEHLER MOORE 3600 15th Ave W, Ste. 300 Seattle, WA 98119 Tel: 206.448.1777

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9 10 11 12

3.41

According to an investigation by Pro Publica published Jointly with the New York

Times in September 2019, Defendant Amazon requires that 999 out of 1,000 deliveries arrive on time. In a four-year time span, Defendant Amazon DSPs were involved in at least 60 crashes.

This included ten deaths – five of which involved Amazon drivers making left hand turns. 23

13 14 15 16 17 18 19 20 21 22 23 How Amazon Hooked America on Fast Delivery While Avoiding Responsibility for Crashes (propublica.org) How Amazon Hooked America on Fast Delivery While Avoiding Responsibility for Crashes (propublica.org) PLAINTIFFS’ COMPLAINT FOR DAMAGES - 17 22

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STRITMATTER KESSLER KOEHLER MOORE 3600 15th Ave W, Ste. 300 Seattle, WA 98119 Tel: 206.448.1777

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11

3.46

12

the drivers. 30

Defendant Amazon/Amazon Logistics provides training to the DSPs and

13 14 15 16 17 18 19 20 21 22 23 Inside Last Mile Driver Academy, Amazon's delivery driver training (aboutamazon.com) Inside Last Mile Driver Academy, Amazon's delivery driver training (aboutamazon.com) PLAINTIFFS’ COMPLAINT FOR DAMAGES - 20 29

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STRITMATTER KESSLER KOEHLER MOORE 3600 15th Ave W, Ste. 300 Seattle, WA 98119 Tel: 206.448.1777

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 31

16 17

3.47

Defendant Amazon/Amazon Logistics’ driver training includes road simulations

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which it touts as being four times the amount of practice that could be completed in a real vehicle

19

on a real road.

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Inside Last Mile Driver Academy, Amazon's delivery driver training (aboutamazon.com) PLAINTIFFS’ COMPLAINT FOR DAMAGES - 21 31

STRITMATTER KESSLER KOEHLER MOORE 3600 15th Ave W, Ste. 300 Seattle, WA 98119 Tel: 206.448.1777

1 2 3 4 5 6 7 8 9 10 11 12 13

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14 15 16

3.48

As of October 2023, one of the Amazon facilities had trained 6,000 DSP

drivers.

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Inside Last Mile Driver Academy, Amazon's delivery driver training (aboutamazon.com) PLAINTIFFS’ COMPLAINT FOR DAMAGES - 22 32

STRITMATTER KESSLER KOEHLER MOORE 3600 15th Ave W, Ste. 300 Seattle, WA 98119 Tel: 206.448.1777

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15

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16 3.49

17 18

On information and belief, Defendants Amazon/Amazon Logistics exert

significant control over the DSPs and the drivers. For example, either or both defendants:

19

a.

Provide driver training modules.

20

b.

Determine the number of packages initially assigned to each route.

21

c.

Determine what packages are to be delivered.

22

d.

Determine when the packages are to be delivered.

23 24

Inside Last Mile Driver Academy, Amazon's delivery driver training (aboutamazon.com) PLAINTIFFS’ COMPLAINT FOR DAMAGES - 23 33

STRITMATTER KESSLER KOEHLER MOORE 3600 15th Ave W, Ste. 300 Seattle, WA 98119 Tel: 206.448.1777

1

e.

Determine where the packages are to be delivered.

2

f.

Specify how the packages are to be delivered.

3

g.

Specify how the deliveries are to be confirmed.

4

h.

Limit which delivery station the DSPs can operate from.

5

i.

Limit the number of driver employees hired by the DSPs.

6

j.

Require DSPs to undergo training on how to manage teams and run an

7

Amazon “affiliated,” company.

8

k.

Provide and require Amazon backed vehicle maintenance.

9

l.

Provide and require use of technological devices, programs, and software

10

that track delivery and interact exclusively with Defendant Amazon’s

11

portal so it can exclusively communicate delivery of its packages with

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customers.

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PLAINTIFFS’ COMPLAINT FOR DAMAGES - 24 STRITMATTER KESSLER KOEHLER MOORE 3600 15th Ave W, Ste. 300 Seattle, WA 98119 Tel: 206.448.1777

1 2 3 4 5 6 7 8 9 10 11 12 34

13 3.50

14 15 16

Sound Last Mile, drivers to use an app called Mentor that tracks and scores their driving behavior. 35 3.51

17 18 19 20 21

Deborah Bass, Defendant Amazon spokesperson in 2021, stated that the company

had invested tens of millions of dollars in safety mechanisms across its network (state of the art telemetrics and advanced safety technology in last mile vans, driver safety programs, or continuous improvements within mapping and routing technology) and regularly communicated safety best practices to drivers.36 3.52

22 23

Defendant Amazon/Amazon Logistics requires DSPs, specifically including South

The amount of money received by DSPs is a formula based on (1) the number of

https://d2gt4vueeig3bq.cloudfront net/static-assets/Download Brochure.pdf Amazon Mentor app tracks and disciplines delivery drivers (cnbc.com) 36 Amazon Mentor app tracks and disciplines delivery drivers (cnbc.com) PLAINTIFFS’ COMPLAINT FOR DAMAGES - 25 34 35

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STRITMATTER KESSLER KOEHLER MOORE 3600 15th Ave W, Ste. 300 Seattle, WA 98119 Tel: 206.448.1777

1

vehicles operating with Amazon, (2) the length of the routes taken, and (3) the number of

2

packages successfully delivered.

3

3.53

These metrics are set by Defendant Amazon/Amazon Logistics.

4 5 6 7 8 9

37

10 11

3.54

Amazon’s fleet drivers who ultimately report to Defendant Amazon/Amazon Logistics.

12 13 14 15

3.55

On information and belief Defendant Amazon/Amazon Logistics use the

above metrics and requirements (and potentially others) to control how the DSPs, including Defendant South Sound, and their drivers, including Defendant Sean Jensen, operate.

16

South Sound Final Mile

17 18

DSPs effectively operate as middle management supervisors of Defendant

3.56

Defendant South Sound was started in September 2020 by Adam and Jane

Dopps after they lost their jobs during the pandemic. 38

19 20 21 22 23 https://m media-amazon.com/images/G/01/DSP2022/assets/desktop/DSP_Brochure_English_V4.pdf ABOUT US – South Sound Final Mile PLAINTIFFS’ COMPLAINT FOR DAMAGES - 26 37

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STRITMATTER KESSLER KOEHLER MOORE 3600 15th Ave W, Ste. 300 Seattle, WA 98119 Tel: 206.448.1777

1 2 3 4 5 6 7 8 9 10 11 12 13 14 39

15 3.57

16

Defendant South Sound “teamed up” as a DSP of Defendant Amazon/Amazon

40 17 Logistics, operating a leased fleet of exclusively Amazon branded vehicles.

3.58

18

Defendant South Sound advertises for its hiring as follows:

19

a.

No experience needed.

20

b.

Non-CDL delivery driver.

21

c.

Must successfully pass a pre-employment drug test.

22

d.

Use of handheld device for routing information, customer delivery

23 Facebook South Sound Final Mile – Top Performing Amazon Delivery Partner PLAINTIFFS’ COMPLAINT FOR DAMAGES - 27 39

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STRITMATTER KESSLER KOEHLER MOORE 3600 15th Ave W, Ste. 300 Seattle, WA 98119 Tel: 206.448.1777

information.41

1 2 3 4 5 6 7 8 9 10 11 12 13

42

3.59

14 15

Drivers for Defendant South Sound work 9–10-hour shifts. Overtime is

available.

16 17 18 19 20 21 22 23 https://tinyurl.com/mpj64zmy Delivery Driver - Amazon Prime Vans - Sumner, WA 98390 - Indeed.com PLAINTIFFS’ COMPLAINT FOR DAMAGES - 28 41

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STRITMATTER KESSLER KOEHLER MOORE 3600 15th Ave W, Ste. 300 Seattle, WA 98119 Tel: 206.448.1777

1 2 3 4 5 6 7 8 3.60

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for the majority of the day, walking up multiple flights of stairs, steep driveways and long alleyways all while carrying packages. Each route has 150-200 stops with 200-400 packages assigned to it having each package weighing 0-50 pounds. Each stop should take no more than 3 minutes to complete. Employees must be able to work at a fast pace. 43 3.61

14 15

3.62

Drivers hired by Defendants for delivery vans are not required to have a CDL. 45

The Collision

17

3.63

18

20

On information and belief, Defendant South Sound and its drivers cannot function

if/when Defendant Amazon’s sites and apps don’t work.44

16

19

Defendant South Sound tells its applicants that drivers will be on their feet

On August 3, 2023, Defendant Sean Jensen was required by Defendant

Amazon/Amazon Logistics, to log into the Mentor App. He did so and reported to work outside of the Amazon warehouse near Tacoma, Washington.

21 22 23

JOB DETAILS – South Sound Final Mile See Facebook post Adam Dopps November 26, 2020.

45 (6) south sound final mile llc - Search Results | Facebook PLAINTIFFS’ COMPLAINT FOR DAMAGES - 29 43 44

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STRITMATTER KESSLER KOEHLER MOORE 3600 15th Ave W, Ste. 300 Seattle, WA 98119 Tel: 206.448.1777

1 2 3 4 5 6 7 8

46

3.64

9

At the warehouse, Defendant Jensen scanned the predetermined packages

10

with his assigned Amazon handheld device and loaded them into his assigned blue

11

Defendant Amazon Logistics Ford Transit Van. Defendant Amazon/Amazon Logistics’

12

app system then logged him as leaving the Amazon warehouse.

3.65

13

This is an example of what the loading process involves:

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Amazon Mentor app tracks and disciplines delivery drivers (cnbc.com) PLAINTIFFS’ COMPLAINT FOR DAMAGES - 30 46

STRITMATTER KESSLER KOEHLER MOORE 3600 15th Ave W, Ste. 300 Seattle, WA 98119 Tel: 206.448.1777

1

47

2

3.66

On information and belief, throughout the workday, Defendant Jensen

3

followed delivery instructions from Defendant Amazon/Amazon Logistics’ app system which he

4

used to make deliveries to Defendant Amazon customers.

5 6 7 8 9 10 11 12 13

48

14

3.67

After each delivery, Defendant Jensen scanned and reported through the

15 Amazon/Amazon Logistic app that a delivery was completed.

16

3.68

Defendant Amazon’s customers, including Prime customers, could go onto the

17 Amazon/Amazon Logistics App to trace the whereabouts of Defendant Jensen bearing Defendant 18 Amazon packages. This consumer tracking feature was an essential benefit and feature of 19 Defendant Amazon/Defendant Amazon Logistics’ ecommerce business model. 49 20 21 22 23

Amazon Announces Four New Delivery Stations in South Florida | News | southdadenewsleader.com Amazon takes multi-pronged approach to owning the last mile - RetailWire 49 Amazon Map Tracking - Amazon Customer Service PLAINTIFFS’ COMPLAINT FOR DAMAGES - 31 47 48

24

STRITMATTER KESSLER KOEHLER MOORE 3600 15th Ave W, Ste. 300 Seattle, WA 98119 Tel: 206.448.1777

1 2 3 4 5 6 7 8 9 10 11

50

12

3.69

According to Tom’s Guide, Amazon Map Tracking was superior to USPS

13

and UPS, because it could provide a map that pinpoints where the driver was and how

14

many more stops were left before your package would arrive. 51

15

3.70

At

12:51

pm,

Defendant

Jensen

was

following

Defendant

16

Amazon/Amazon Logistics’ directions driving westbound on East 37th Street in Tacoma,

17

on his preassigned delivery route.

18 19 20 21 22 23 Amazon Map Tracking - Amazon Customer Service How to track your Amazon package in real time | Tom's Guide (tomsguide.com) PLAINTIFFS’ COMPLAINT FOR DAMAGES - 32 50

24

51

STRITMATTER KESSLER KOEHLER MOORE 3600 15th Ave W, Ste. 300 Seattle, WA 98119 Tel: 206.448.1777

1 2 3 4 5 6 7 8 9 10

52

11 12 13 14 15

3.71

his line of sight. The roadway was not curved nor slanted upwards or downwards.

3.72

17 18 19 20 21

23 24

At the same time, Decedent Robert Barra, was on his motorcycle, lawfully

traveling eastbound on East 37th Street.

16

22

It was a beautiful summer day. Traffic was light. There were no obstructions to

3.73

At all times material Decedent was there to be fully seen upon the roadway.

3.74

At all times material Decedent had the right of way upon East 37th Street.

3.75

At all times material Decedent was travelling at a safe and appropriate speed.

3.76

At all times material Decedent was not swerving.

3.77

At all times material Decedent was not turning.

3.78

At all times material Decedent was driving within his proper lane.

3.79

Suddenly and without warning, the Amazon delivery van driven by Defendant

Jensen turned left across East 37th Street, striking Decedent Robert Barra in the eastbound lane.

Still shot from onboard driver facing video downloaded during the police investigation.

PLAINTIFFS’ COMPLAINT FOR DAMAGES - 33 52

STRITMATTER KESSLER KOEHLER MOORE 3600 15th Ave W, Ste. 300 Seattle, WA 98119 Tel: 206.448.1777

1

As depicted by the graphic below found in the Tacoma Police Department – Traffic

2

Collision Report:

3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

3.80

Decedent was provided with insufficient warning to take any evasive

3.81

Decedent saw the vehicle turn directly in front of him and knew that he

action.

was in danger of imminent injury or death.

3.82

At the moment the vehicles’ collided Decedent was conscious.

3.83

Defendants’ van struck decedent causing him to be ejected from his

PLAINTIFFS’ COMPLAINT FOR DAMAGES - 34 STRITMATTER KESSLER KOEHLER MOORE 3600 15th Ave W, Ste. 300 Seattle, WA 98119 Tel: 206.448.1777

1

motorcycle and thrown against Defendants’ delivery van, before striking the pavement.

2 3 4 5 6 7 8 9 10

3.84

Upon impact, Decedent was conscious as he flew through the air.

11

3.85

Decedent was conscious at all times before his head (inside its helmet) impacted

12

the roadway.

13 14 15 16 17 18 19 20 21 22 23 24

3.86

Defendant Jensen failed to maintain a proper lookout and failed to yield the right

PLAINTIFFS’ COMPLAINT FOR DAMAGES - 35 STRITMATTER KESSLER KOEHLER MOORE 3600 15th Ave W, Ste. 300 Seattle, WA 98119 Tel: 206.448.1777

1

way to Decedent.

2

3.87

3

Defendant Jenson admitted to the police and eyewitnesses at the scene that

he was at fault for the collision.

4

3.88

Defendant Jenson’s conduct constituted negligence.

5

3.89

Defendant Jenson’s conduct on behalf of the other Defendants constituted

6

negligence.

7 8 9 10 11 12 13 14 15 16 17 18

3.90

As the sole and proximate result of Defendants’ combined negligence,

19

Decedent Robert Barra sustained catastrophic injuries, was transported to the hospital, and

20

died eleven hours later.

21 22 23 24

IV. 4.1

LIABILITY

Defendants Amazon.com, Amazon Logistics, and South Sound are

vicariously liable for the above-described negligent acts and/or omissions of Defendant PLAINTIFFS’ COMPLAINT FOR DAMAGES - 36 STRITMATTER KESSLER KOEHLER MOORE 3600 15th Ave W, Ste. 300 Seattle, WA 98119 Tel: 206.448.1777

1 2

Sean Jenson under the doctrine of respondeat superior.

4.2

In the alternative, Defendants Amazon.com, Amazon Logistics, and South Sound

3

are vicariously liable for the above-described negligent acts and/or omissions of Defendant Sean

4

Jenson under the doctrine of joint enterprise or partnership.

5

4.3

Defendant Sean Jenson was negligent in operating a motor vehicle below the

6

standard of reasonable care required for the operation of a motor vehicle on the public roads of

7

Washington, failing to abide by the rules of the road, RCW 46.61 et seq., failing to yield right of

8

way, failing to maintain a proper lookout, changing lanes without assuring adequate distance from

9

other vehicles.

10

4.4

Decedent Robert Barra was fault free.

V.

11

DAMAGES

12 13 14 15 16 17 18 19 20 21 22 23 24

5.1

As a direct and proximate result of the above acts, omissions, and/or other conduct

of Defendants, the Decedent Robert Barra suffered economic and non-economic damages, including all damages allowed pursuant to RCW 4.20.005-.020, RCW 4.20.046, and RCW PLAINTIFFS’ COMPLAINT FOR DAMAGES - 37 STRITMATTER KESSLER KOEHLER MOORE 3600 15th Ave W, Ste. 300 Seattle, WA 98119 Tel: 206.448.1777

1

4.20.060, in amounts to be proven at the time of trial. These damages include, but are not

2

limited to, health care and funeral expenses; net accumulations lost to the Estate; and the

3

pain, suffering, anxiety, emotional distress, humiliation, and fear experienced by Robert

4

Barra prior to death.

5

5.2

As a direct and proximate result of the above acts, omissions, and/or other

6

conduct of Defendants, Rachel N. Barra, the Decedent’s spouse, has suffered economic

7

and non-economic damages, individually as a wrongful death statutory beneficiary, in

8

amounts to be proven at the time of trial. These damages include, but are not limited to,

9

damages identified under paragraph 5.1; past and future benefits of value; and loss of

10

emotional support, love, affection, care, services, companionship, and assistance.

11 12 13 14 15 16 17 18 19

Robert & Rachel Barra

20 21

5.3

22

Defendants, the three minor children of Plaintiff Robert Barra: R.R.B. (age 12), K.L.B. (age 11),

23

and B.J.B. (age 9) have suffered economic and non-economic damages, individually as a

24

As a direct and proximate result of the above acts, omissions, and/or other conduct of

PLAINTIFFS’ COMPLAINT FOR DAMAGES - 38 STRITMATTER KESSLER KOEHLER MOORE 3600 15th Ave W, Ste. 300 Seattle, WA 98119 Tel: 206.448.1777

1

5.

2

until paid in full;

3

6.

For prejudgment interest on the special damages;

7.

For prejudgment interest on liquidated damages;

8.

For such other and further relief as the Court may deem just and

4 5 6

For statutory interest on the judgment from the date judgment is entered

equitable.

7 8

DATED this 12th day of October, 2023.

STRITMATTER KESSLER KOEHLER MOORE

9 10

/s/ KAREN KOEHLER Karen Koehler, WSBA#15325 Furhad Sultani, WSBA#58778 Counsel for Plaintiffs

11 12 13 14 15 16 17 18 19 20 21 22 23 24

PLAINTIFFS’ COMPLAINT FOR DAMAGES - 40 STRITMATTER KESSLER KOEHLER MOORE 3600 15th Ave W, Ste. 300 Seattle, WA 98119 Tel: 206.448.1777