CVN screenshot of plaintiff attorney Tucker Merrigan delivering his opening statement
Woburn, MA - A Massachusetts state court jury awarded $56 million on Wednesday to an elderly man who suffered catastrophic injuries in a collision with an Amazon delivery van, beating a $20 million settlement offer, and the full trial was recorded gavel-to-gavel by Courtroom View Network.
The Middlesex County jury returned their verdict following a two-day trial in which Amazon and co-defendant Agora Logistics LLC stipulated liability for the 2024 accident that left plaintiff Malcolm Carnwath severely disabled with a traumatic brain injury, an amputated leg and requiring 24-7 nursing care. The collision occurred after driver Nazayah Carrasquillo crossed the center line and struck Carnwath’s vehicle.
His attorneys requested $300 million in compensation, however Amazon argued an award of just under $37 million would support a robust life care plan and still provide Carnwath with “generational wealth” he could leave to his family.
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Plaintiff attorney J. Tucker Merrigan of Sweeney Merrigan Law LLP told CVN after the trial the jury’s verdict surpasses Amazon’s best pre-trial settlement offer of $20 million while also falling below his pre-trial settlement demand of $90 million. He said there was no high/low agreement in the case.
He attributed the jury’s verdict to the severity of Carnwath’s injuries. In addition to the kinetic impact from the crash itself the accident caused a cardiac arrest and multiple strokes that left him with a dramatically reduced quality of life and severely disabled.
“The injuries were extraordinary, and the jury recognized that,” Merrigan said, while adding that asking jurors to award substantial future life care damages for elderly plaintiffs presented the biggest challenge in the trial.
“He was 77 at the time of the crash,” Merrigan conceded.
He noted the rapid pace of the 2-day trial, aided by the resolution of liability issues shortly before the trial began, was an intentional choice by his team.
“The speed was by design,” Merrigan explained. “Our goal was to average less than 25 minutes per witness, which we accomplished.”
According to Merrigan, one of those pretrial stipulations regarding agency of the driver could be the most enduring part of the case besides the actual monetary award.
“Amazon fought agency extremely hard through discovery before stipulating to it on the docket the week before trial,” he said. “That stipulation now sits on a public docket, and my hope is plaintiffs’ lawyers around the country cite it in their own cases.”
Besides the speed of the actual trial, Merrigan also detailed how a case with such complex injuries and potential liability disputes made it to a jury just over a year after being filed.
“Massachusetts has a speedy trial statute requiring the court to advance a case for trial on motion of any party 65 or older,” he said. “We invoked it, and Malcolm had his verdict about twenty months after the crash.”
CVN screenshot of defense attorney Philip Green delivering his opening statement
Defense attorney Michelle I. Schaffer Campbell Conroy & O’Neil expressed Amazon’s sympathies for the plaintiff and his family.
“This was a tragic accident, and our thoughts remain with Mr. Carnwath,” she stated. “We respect the judicial process.”
Reflecting on the emotional impact of the trial’s outcome, Merrigan recalled the moment his client got to "speak" the verdict out loud using his voice automation device.
“He suffered injuries most people wouldn't survive and although he cannot speak due to his injuries, he was able to use his Tobii Dynavox and punch in all the numbers and zeroes to the $56,000,0000 post verdict,” Merrigan stated proudly.
Merrigan said younger attorneys can break down the formula he used to achieve similar results for their clients.
“There’s nothing magical or mystical about a result like this,” he insisted. “It came from preparation, an efficient trial plan, great co-counsel, and a client worth every ounce of the fight.”
That said, Merrigan did leave the door open slightly for the possibility of help from an unlikely outside source.
“My five-year-old son Mack insisted I bring his lucky rock to trial, so it sat on counsel table every day,” he admitted. “I’m not saying that’s why we won, but I’m not saying it isn’t.”
The plaintiffs were also represented by Korey Kajko of Sweeney Merrigan Law and by Marc Breakstone of Breakstone White & Gluck PC.
Amazon was also represented by Philip R. Green of King & Spalding.
The case is captioned Kerrie H. Deragon, as legal guardian and next friend of Malcolm S. Carnwath v. Amazon Logistics Inc., Agora Logistics LLC and Nazayah Carrasquillo, case number 2581CV1262 in Middlsesx County Superior Court.
Email David Siegel at dsiegel@cvn.com
