In a tragic incident in Oregon, a 74-year-old man named Peter Pellegrin lost his life during a leisurely midday ride on his Vespa scooter. A lawsuit reveals that the unfortunate collision was caused by a “distracted” Instacart driver, Melina Torres, who was reportedly more focused on her cellphone and the grocery delivery app than on driving. Last week, a local jury awarded Pellegrin’s estate $16 million in damages, holding Instacart accountable after a five-day trial.

The incident unfolded when Torres, unfamiliar with the area, relied on her cellphone for navigation while making a delivery for Instacart. As she attempted a left turn at a Portland intersection, she struck Pellegrin, who was crossing from the opposite direction. This is according to the legal complaint filed by Pellegrin’s estate, which includes his wife.

The accident occurred in the Arnold Creek neighborhood of Portland on February 7, 2024, around 1:45 p.m. Both Torres and Instacart faced legal action from Pellegrin’s family. According to the complaint, Torres was traveling westbound on SW Boones Ferry Road and tried to turn onto SW 19th Avenue, while Pellegrin, moving eastbound, intended to proceed straight through the intersection. The intersection was controlled by an electric traffic signal that displayed a circular yellow flashing light, warning drivers to exercise caution.

The lawsuit detailed the horrific injuries Pellegrin suffered due to the crash, including multiple fractures in both legs, his right arm and fingers, several vertebrae, his right hip, scapula, multiple ribs, and his pelvis. Additionally, he sustained internal injuries affecting his heart, lungs, and spleen.

After the accident, Pellegrin endured 25 agonizing days in a trauma intensive care unit, described as being in a “shattered body.” He was intubated and required dialysis, undergoing numerous complex surgeries to treat his fractures. This included the placement of internal plates and external fixation bars to prevent further harm as he awaited additional procedures.

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.