Inset: Peter Pellegrin. Background: The crash scene after 74-year-old Peter Pellegrin was struck and killed by an Instacart driver who was allegedly "distracted" by the grocery delivery app (Spooner Staggs Trial Lawyers).
A 74-year-old Oregon man enjoying a midday ride on his Vespa scooter was mowed down and killed by a "distracted" Instacart driver who was "focusing her attention" on her cellphone and the grocery delivery app instead of the road, according to a lawsuit. The man's estate was awarded $16 million in damages last week by a local jury, which ordered Instacart to pay following a five-day trial.
The driver, Melina Torres, "was not familiar with the area where she was driving and was utilizing her cellphone to provide directions on where to make the delivery" to an Instacart customer when she attempted to make a left turn at an intersection and struck Peter Pellegrin, of Multnomah County, as he was crossing through the intersection from the other direction, his estate's legal complaint says.
The fatal crash unfolded in Portland's Arnold Creek neighborhood on Wednesday, Feb. 7, 2024, around 1:45 p.m., according to police. Both Torres and Instacart were sued by Pellegrin's estate, including his wife.
"Torres was driving in a generally westbound direction on SW Boones Ferry Road attempting to make a left turn onto SW 19th Avenue and Peter Pellegrin was driving in a generally eastbound direction on SW Boones Ferry Road intending to proceed straight through the intersection of SW Boones Ferry Road and SW 19th Avenue," Pellegrin's family recounted in its complaint, noting how the intersection was controlled by an electric traffic signal "displaying a circular yellow flashing warning light" notifying drivers to be careful.
"Defendants' negligence caused Peter Pellegrin to sustain the following injuries: multiple fractures including both legs, right arm and fingers, several vertebra, right hip, scapula, several ribs, and multiple pelvic fractures in addition to internal injuries including his heart, lungs and spleen," the complaint said.
Pellegrin survived 25 days in a trauma intensive care unit "in a shattered body" while being "intubated and on dialysis," according to his estate. He underwent "multiple, complex surgeries" to set fractures he had from the crash, including installing "internal plates and external fixation bars" to prevent further damage while undergoing additional surgeries.
"The extent of his injuries made pain control difficult," the complaint said. "He was often demonstratively in agony and during periods of high lucidity, he displayed mental anguish over his condition. Ultimately, he died as a result of his injuries on March 2, 2024, while still being hospitalized."
Pellegrin's estate, which was represented by Spooner Staggs Trial Lawyers, alleged that the motor vehicle collision, his resulting injuries, and death were ultimately caused by the defendants' "negligence while engaged in a joint enterprise for income/profit."
The complaint concluded that Torres was negligent "in driving while distracted" and "focusing her attention on information from her cellphone in order to make the delivery to the customer" whose identity and address were being provided by Instacart through its app. A Multnomah County jury agreed, finding that Torres' negligence caused "injury and damage" to Pellegrin's estate.
The jury ruled that Maplebear, Inc. — the official legal name for Instacart — had "the right to control" Torres' actions and the specific conduct that caused Pellegrin's death. Jurors awarded $1.9 million in economic damages and $14 million in noneconomic damages.
"The jury decided that Instacart was vicariously liable for the acts of Melina Torres," Ralph Spooner, an attorney for Pellegrin's estate, told Law&Crime on Wednesday. He said that after the crash, Instacart tried placing blame solely on Torres.
"Instacart's response was, 'Not our problem. These people are independent contractors. … They're their own boss. We can't control how they drive,'" Spooner explained. "With the privilege of doing business in Oregon comes the responsibility to pay for losses that your business causes," he said. "And their business plan was to avoid all responsibility, and then rely on these so-called independent contractor agreements."
Spooner noted how Instacart deploys a "delivery window" and time restraints on when groceries need to be delivered, which often causes drivers to constantly check their phones and work faster.
"The reality is, they track these drivers by GPS," Spooner told Law&Crime. "So they do retain control, even though they try to say, 'No we don't.' And that's what the trial was about."
Describing the overall goal of the Pellegrin estate and his wife filing the lawsuit, Spooner said she wanted the public to see how companies like Instacart refuse to take responsibility for the actions of their contractors.
"She was like, 'You know, my husband's gone. I lost him, I miss him terribly. But if I can make the world a better place by getting this out in the open, I'll do it,'" Spooner explained. "Instacart in one quarter does $3.4 billion, but if they kill your loved one or badly injure you, they don't want to pay 10 cents, and that's the position they took in court. 'We have zero responsibility.'"
Spooner described Pellegrin as a "college educated" Oregonian and "renaissance man" who was once a park ranger at Yosemite and learned how to restore historic boats, along with having an engineering background and experience in water remediation.
"Just an amazing person," Spooner said.
Instacart did not respond to Law&Crime's request for comment on Wednesday.