Clifford Law Offices in Chicago says it filed the first lawsuit against Amazon in Madison County Circuit Court following a deadly E-3 tornado in Edwardsville last month.
The four-count lawsuit was filed by attorney Jack Casciato on Jan. 17 on behalf of Alice McEwen, as special administrator of the estate of Austin McEwen. McEwen is also represented by local counsel John Malec of Martin Malec & Leopold PC in St. Louis.
McEwen, 26, of Edwardsville, was one of six who were killed at the Amazon 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.
Alice and Randy McEwen
Alice and Randy McEwen released a joint statement saying they decided to sue Amazon after reading “countless articles on how Amazon knew a tornado was coming but made the decision to have our son and others work during a peak delivery season for Amazon instead of evacuating the area with no storm shelter in place.”
“Austin was a wonderful son,” the statement continues. “He was only 26 years old. We looked forward to seeing him get married, have children of his own, and celebrate life’s milestones in the years to come. This was all taken from us. We hope, along with the other families who lost loved ones, to get the answers we deserve. We know those answers will only come by filing a lawsuit. Sadly, it appears that Amazon placed profits first during this holiday season instead of the safety of our son and the other five families who lost loved ones. Our condolences go out to the other families. We know with patience we will receive the answers and justice our son deserves.”
The other victims killed in the deadly storm include 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.
During a press conference on Jan. 17, Casciato was asked what Amazon has done for the victims. He responded that only a spokesperson reached out and expressed their condolences.
“Mr. Bezos was able to go to space but hasn’t made himself available in Edwardsville,” he said.
McEwen’s lawsuit was filed against Amazon.com Inc., Amazon.com LLC, Contegra Construction Company LLC and Tristar Properties LLC.
The complaint seeks damages for wrongful death: negligence against the Amazon defendants and wrongful death: construction negligence against Contegra and Tristar.
McEwen worked as an independent contractor, driving for an Amazon delivery service partner. He was working at the Amazon distribution center in Edwardsville when the 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.
The suit states that the tornado began on the south side of Interstate 270 and moved northeast, striking the Amazon facility. The tornado caused parts of the building’s walls to collapse as well as multiple other structure failures, resulting in numerous injuries and six deaths.
Amazon allegedly employs an individual who is responsible for monitoring severe weather updates.
Weather warnings were issued from the National Weather Service as early as 3:44 a.m. on Dec. 9, when residents in the area were warned about a chance of thunderstorms that could become strong to severe. They were also warned that a tornado was possible.
Then at 2:58 p.m. on Dec. 9, the National Weather Service warned that scattered severe storms were possible between 8 p.m. on Friday and 3 a.m. on Saturday.
“The primary threat with these storms will be damaging winds. A few tornadoes will be possible as well,” the warning stated.
At 8:06 p.m., the National Weather Service issued a “take shelter now” tornado warning for the area. The tornado struck the Edwardsville facility about 20 minutes later.
“Despite having numerous warnings from the National Weather Service that the Edwardsville area was at-risk of devastating weather or tornadoes, Amazon had workers and independently contracted delivery service partners working during a holiday ‘peak season’ until moments before the EF-3 tornado obliterated the subject fulfillment center in Edwardsville,” Casciato wrote.
According to the complaint, the fulfillment center known as “STL4” was operated, maintained, managed and/or controlled by Amazon. The facility did not have a basement shelter or storm shelter even though Amazon allegedly knew that the area was prone to tornadoes. The suit states that 11 tornadoes have hit the area since 2000.
Although McEwen was an independent contractor, Amazon allegedly instructed him on the operative details of his work, including controlling the deliveries he was to make, the routes he was to take, the number of deliveries he was to make during a shift, monitoring and scoring his work performance, requiring him to share his phone data and having the means to terminate him.
The suit states that Amazon failed to evacuate all those present at the Edwardsville facility when it knew or should have known that keeping them working at the center placed them in imminent danger. Amazon also allegedly failed to properly monitor the developing inclement weather at or near Edwardsville to timely implement life-saving tornado preparedness and response procedures.
Additionally, Amazon failed to operate a warehouse that was built to withstand tornadoes or equip the warehouse with a proper storm shelter. Amazon also allegedly failed to have an Emergency Action Plan or to ensure that all individuals in the warehouse knew of the safest place to shelter despite the building not having a basement or storm shelter.
The suit states that Amazon did not have a proper alarm or warning in place to warn individuals of an approaching tornado.
Amazon is accused of carelessly requiring individuals, including McEwen, to continue working up until moments before the tornado struck the building. The defendant then directed McEwen and five others to shelter in a bathroom when it knew the bathroom was not a safe or proper shelter.
During the press conference, Casciato said that all who died were in the bathroom and those who survived the storm were in the north part of the building.
He added that while Amazon claims the building was built up to code, the defendant failed to consider the safety needs of the workers in the building.
“There is a difference between sheltering and given a proper storm shelter,” he said.
Casciato said Amazon instructed workers to continue working because the defendant was “more concerned with keeping their production line running.”
As for claims against the construction companies, the suit states that Contegra and Tristar built, developed, and/or constructed the Amazon fulfillment center without a basement or proper storm shelter and failed to recommend the facility be built with a shelter.
The suit also states that the defendants built the facility in a “tilt-up” wall construction manner when they knew or should have known that this type of construction causes walls to fall when struck with high winds. The defendants allegedly failed to adequately build the building in a way to prevent walls from collapsing and the roof from separating when struck with high winds.
When asked during the press conference if he expects Amazon will remove the case to federal court, Casciato said he does not believe the defendants could successfully remove the case due to diversity. He explained that because Contegra is an Edwardsville company, the case is precluded from removal.
The suit does not specify exact damages, but the plaintiff seeks in excess of $50,000 for each count, plus costs.
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.