Family of child killed by Amazon delivery van files wrongful death lawsuit

KANSAS CITY, Mo. — The parents of 4-year-old Tadens Joseph, who died after being hit by an Amazon delivery driver in May, have filed a lawsuit seeking wrongful death damages.

Around 6:30 p.m. on May 4, the boy was playing in a park on East Third Terrance in Kansas City, Missouri, when he entered the roadway and was hit. He died from his injuries.

Law enforcement said the Amazon van initially stopped but left the scene before police arrived. The driver was later taken into custody.

The wrongful death petition filed Tuesday is against delivery driver Estefany Lara Ortiz, van co-owner and third-party delivery driving company Daval Express LLC, and co-registered van owner and Daval Express LLC principal David Nelson Maasen.

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The lawsuit claims negligence and negligence per se, vicarious liability/respondeat superior, direct negligence, negligent entrustment and ownership liability, and joint venture.

According to the suit, children were plainly visible in the area when Ortiz parked to make a delivery. The petition states the driver “saw, or in the exercise of reasonable care should have seen, that young children were present and active around her vehicle.”

The suit also said a camera on the van captured the crown of Tadens Joseph’s head in front of the vehicle. It further claims Ortiz should have seen the boy “on any reasonable check of the area” before putting the vehicle in motion.

The family is seeking wrongful death damages including funeral and burial costs, medical expenses incurred from the incident, and other pecuniary and nonpecuniary damages.

The boy’s parents are asking for a jury trial, per the lawsuit.

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