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MADISON - ST. CLAIR RECORD

Thursday, November 14, 2024

Amazon counsel seeks to preserve Madison County jurisdiction in tornado litigation; Plaintiffs prefer St. Clair County court

Reitzkurt

Reitz

EDWARDSVILLE – Lawyers have filed more warehouse collapse suits against Amazon in St. Clair County than in Madison County where the tragedy occurred.

Lawyers filed the first three suits in Madison County and other lawyers filed the next five in St. Clair County.

Madison County Circuit Judge Sarah Smith currently presides over all eight suits, but only for pretrial proceedings.

Facing a prospect of five St. Clair County trials, Amazon filed motions on Dec. 7 to hold those trials in Madison County.

Amazon counsel Kurt Reitz wrote that he filed the motions to preserve the issue of jurisdiction if Smith sends the cases back to St. Clair County.

Six persons died in the warehouse last Dec. 10, when a tornado ripped off a roof that had provided support from above for walls of concrete.

Attorney Robert Clifford of Chicago filed the first suit in Madison County in January for Alice McEwen as administrator of the estate of son Austin McEwen.

The suit for McEwen claims Amazon had employees and independent delivery partners working in spite of numerous warnings of devastating weather.

Clifford alleges Amazon failed to evacuate those present and lacked an emergency action plan.

He alleges Amazon carelessly required delivery partner McEwen to continue working up until the moments before the tornado struck.

Amazon personnel are alleged to have directed McEwen to a bathroom when they should have known it wasn’t a safe shelter.

Construction company Contegra is named as a defendant on claims it built the structure without basement or shelter.

Contegra knew “tilt up” walls fall when high winds strike, the suit claims, and allegedly failed to follow local, state, and federal codes.

Clifford made the same allegations against developer Tristar Properties.

He amended the complaint in March to add Stock and Associates Consulting Engineers, Gray Design Group, and McNealy Engineering as defendants.

Chief Judge Bill Mudge, now retired, assigned Circuit Judge Christopher Threlkeld to the case in March but Threlkeld recused himself and Mudge assigned Circuit Judge Dennis Ruth.

In April, civil rights attorney Ben Crump of Los Angeles filed two suits in Madison County against Amazon, Contegra, Tristar, Stock, Gray and McNealy.

The first seeks damages for delivery partners Jamarco Hickman and Deontae Yancey of Godfrey, Evan Jensen of Alton, and Jada Williams of Glen Carbon.

Plaintiffs allege negligent infliction of emotional distress through trauma, anguish, anger, and depression.

They allege loss of pay, benefits, and career opportunities.

Crump’s second suit seeks personal and pecuniary damages for Deon January as administrator of the estate of her son, delivery partner Deandre Morrow.

Both suits claim Amazon used delivery partners to shift costs and liabilities while maintaining complete control.

He claims Amazon used them to evade employment laws, labor and wage laws, transportation regulations, and legal responsibility for a massive van fleet.

He claims plaintiffs tried to leave before the storm hit but a warehouse official threatened them with termination.

In May, Ruth granted a motion from Contegra for substitution of judge.

Mudge assigned Smith.

In June, attorney Tom Keefe of Swansea filed suit in St. Clair County for delivery partner Ronnie Jackson and Hossan Ahmed as administrator of the estate of Etheria Hebb.

The same six defendants that Madison County plaintiffs named are included in the Hebb suit.

Keefe claims Hebb’s death deprived her next of kin of love, companionship, and support.

He claims Jackson was injured and was further emotionally distressed by witnessing Hebb’s death.

In August, attorney James Lemonds of St. Louis filed two suits in St. Clair County.

The first seeks damages for Lynn Cope of Macoupin County as administrator of the estate of delivery partner Clayton Cope.

Lemonds names Amazon, developer Gateway East, Contegra, McNealy, Affton Fabricating and Welding, Cassidy Construction, and SCI Engineering as defendants.

The second suit seeks damages for Justice Virden of Fayette County as administrator of the estate of delivery partner Larry Virden.

He names the same defendants as in the Cope suit except he dropped SCI Engineering and added Quality Testing and Engineering.

Attorney James Lambert of Marion filed suit in St. Clair County for Kristen Anastasi as administrator of the estate of her father, delivery partner Kevin Dickey.

He names Amazon, Contegra, Tristar, Stock, Gray, and McNealy as defendants.

Attorney Kenny Powell of Clayton, Mo. filed the final suit in St. Clair County in September for delivery partner Jaeira Hargrove.

He mixes earlier lists of defendants, suing Amazon, Contegra, Tristar, Gray, McNealy, Gateway East, Affton, Cassidy, and Quality.

He claims Hargrove suffered injuries and was in close proximity to Hebb.

Amazon petitioned the Supreme Court to consolidate all cases in Madison County and the Justices partially granted it on Sept. 26.

They ruled that consolidation would apply only to pretrial proceedings.

Smith has set a status conference Jan. 4.  

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