The Indiana Supreme Court has declined to hear an appeal from retail giant Amazon, allowing a lawsuit brought by two truckers to move forward. The decision upholds a prior ruling by the Indiana Court of Appeals.
The case involves incidents near an Amazon warehouse in Hancock County, Indiana, where truckers reported confusion due to a lack of signs indicating where to enter the facility.
According to court filings, two drivers, Mahari Oukbu and Harvail Dhillon, parked in a turn lane and attempted to walk to the warehouse for directions. Both were struck by passing vehicles.
Mahari Oukbu was hit on Sept. 2, 2022, while attempting to cross 300 North. He sustained multiple broken bones and injuries that require ongoing care.
Harvail Dhillon was struck and killed by a fuel tanker on Oct. 20, 2022, in a similar incident.
Attorney Brandon Yosha represents Oukbu and Dhillon's family. Yosha stated Amazon was aware of issues at the location but did not install directional signs until the day after Dhillon died.
Amazon had argued the crashes did not happen on their property and they could not be held liable. A Hamilton County judge initially dismissed the case based on this argument.
The truckers appealed to the Indiana Court of Appeals, which unanimously reversed the lower court's decision. The court cited that a landowner may have a duty to guard against foreseeable injuries even off-premises if activities on their property affect the risk.
Amazon then sought to transfer the case to the Indiana Supreme Court, which denied the request on April 30, effectively upholding the appeals court's ruling and permitting the lawsuit to proceed.
The case will now return to Hamilton County for the discovery process. Yosha indicated his team expects to uncover more cases of truckers injured in similar circumstances at the location.
Yosha commented on the challenge ahead, stating, "We have two individuals that were simple folks, and they’re going up against the biggest corporation in the world."