Clifford Law Offices in Chicago announced that it intends to file a lawsuit in Madison County Circuit Court today on behalf of the family of Austin McEwen, who was killed when an E-3 tornado struck the Amazon facility last month.
“It is believed this is the first lawsuit filed against Amazon for this tragically avoidable incident,” a press release states.
McEwen, 26, of Edwardsville, was one of six who were killed at the fulfillment center when the tornado struck the building at 8:28 p.m. on Dec. 10 with winds reaching speeds of 150 mph. The tornado caused part of the building’s roof to collapse, leveling parts of the facility.
The other victims killed in the deadly storm included Deandre S. Morrow, 28, of St. Louis, Kevin D. Dickey, 62, of Carlyle, Clayton Lynn Cope, 29, of Alton, Etheria S. Hebb, 34, of St. Louis, and Larry E. Virden, 46, of Collinsville.
McEwen worked as an independent contractor, driving for an Amazon delivery service partner. He was working at the Amazon distribution center in Edwardsville when a tornado struck the facility. Tornado warnings had been issued for the area as early as Dec. 9 and were re-issued several times over the next 24 hours.
According to a press release, McEwen was required to continue working when Amazon management knew that conditions were unsafe due to the tornado warnings and were aware of the possibility of a tornado. The storm occurred during one of Amazon’s “peak seasons.”
The press release states that initial investigations reveal that workers at the facility were required to continue working instead of evacuating under the conditions. The Amazon facility did not have a basement shelter and the company had no safety plan or adequate emergency plan as required by the Occupational Safety and Health Administration (OSHA) despite Illinois being prone to tornadoes.
Amazon allegedly directed McEwen and five others, who were also killed, to shelter in a bathroom. Clifford Law Offices alleges Amazon knew or should have known that this location would not protect them.
“Initial reports from those that survived this avoidable tragedy are disturbing,” stated Clifford Law Offices partner Jack J. Casciato. “We certainly intend to discover what precautions Amazon could have taken to save lives. Certainly, this entire facility could have been evacuated when it was believed a tornado was en route. It appears that holiday profits took precedence over safety. We need to find out if training and emergency protocols were in place for those in the building as well as those who entered the building with jobs regularly connected to Amazon outside of the facility.”
The complaint alleges that Amazon failed to adhere to OSHA preparedness plans for inclement weather, could have evacuated workers but chose to have workers continue working during a peak holiday season, and failed to have a facility that contained a basement shelter.
The press release states that OSHA has opened an investigation into workplace safety at the fulfillment center in Edwardsville following the Dec. 10 tornado.
Additionally, members of Congress have allegedly sent a letter to Amazon and its CEO Jeff Bezos seeking answers.
The lawsuit will be e-filed as the courthouse is closed in recognition of Martin Luther King Jr. Day.