VANCOUVER — Amazon and the other defendants in a lawsuit over the death of a B.C. woman have denied responsibility for an accident in which a delivery truck allegedly struck and killed her, and argue the woman’s family could have lessened the incident’s impact by exercising “due diligence,” according to new court documents.

“The defendants deny that the accident occurred as alleged, or at all,” reads a statement filed Tuesday in response to a civil claim in the Supreme Court of British Columbia. It was filed on behalf of all four defendants named in the lawsuit: Amazon Canada Fulfillment Services, the alleged driver Jeo Kurian, Langley, B.C.-based Amazon delivery service partner Damy Logistics, and Canada-wide fleet management company Foss National Leasing.

On Dec. 15, 2020, Paramjit Kaur Masutta was walking her eight-year old twin daughters home from school when she noticed a Ford Transit delivery van heading toward them, according to a statement of claim filed in March 2022 on behalf of Masutta’s husband and their children. She pushed her daughters out of the way, but the van hit her and dragged her underneath it, the lawsuit claims. She died at the scene.

The defendants knew or should have known that the driver was “unable to operate the Ford, properly or at all,” it claims. It alleges the driver parked the van illegally and did not shift it into park, engage the emergency brake or turn the front wheels toward the curb before stepping out to make a delivery. The van then rolled down a hill, striking a car. The impact pushed the van into the opposite lane and onto the sidewalk where the Masuttas were walking, according to the suit.

In their response, Amazon and the other defendants deny the Masuttas’ version of events. If there was an accident, they say, “the accident and any injury, loss, damage or expenses were not caused by the negligence of the defendants.”

Masutta’s husband and children “sustained no injury, loss, damage or expense” because of the accident, the defendants argue. They further claim the trio “could, by exercise of due diligence, have reduced the amount of any alleged loss, damage or expense.” The Masuttas “failed to mitigate their damages,” says the response. Amazon and the other defendants argue that the plaintiffs are insured under the Insurance (Vehicle) Act and are entitled to benefits under it. 

Neither the defendants’ lawyer nor Amazon immediately responded to The Logic’s request for comment Wednesday

The Masuttas’ lawsuit said the family lost the “guidance and companionship” of a wife and mother, and suffered financial losses. The father could not work for some time after the accident because of child-care duties, claims the lawsuit, which is seeking unspecified damages. The Masuttas’ lawyer did not immediately respond to The Logic’s request for comment Wednesday.

The incident has also been the subject of a criminal investigation. Surrey RCMP told The Logic Wednesday they have submitted a report to the BC Prosecution Service, which will determine whether to lay charges. The police would not name any of the subjects of its investigation as charges have not been laid. “This matter is now under charge assessment,” said Dan McLaughlin, spokesperson for the prosecution service.

The Masuttas’ lawsuit claims Kurian was either employed directly by the tech company or working under Amazon’s delivery service partner (DSP) program, through which Amazon partners with third-party companies to fulfill last-mile deliveries. Those companies tend to operate fleets of a couple dozen vans and manage up to 100 people, who work out of an Amazon delivery station—a small warehouse from which the workers deliver packages to Amazon customers. The program, which has been criticized for placing unrealistic expectations on delivery drivers, continues to grow. Amazon is currently seeking partners across five provinces and nine cities, including Vancouver, Winnipeg and Halifax, according to its website. 

Other lawsuits in the U.S. have alleged the speed with which Amazon requires drivers to work has caused traffic accidents. Last February, a North Carolina motorcyclist filed a lawsuit after an alleged accident with an Amazon delivery driver forced him to have his leg amputated. And in June 2021, Ans Rana sued Amazon in Georgia, alleging the company’s algorithms and other devices used to manage delivery operations made it liable in a crash that left him paralyzed.