The lot owner of an Amazon warehouse in Edwardsville that partially collapsed during a 2021 tornado seeks permanent jurisdiction in Madison County for an employee’s post-traumatic stress disorder suit that was originally filed in St. Clair County.
On March 7, Gateway East 9B Owner filed its motion to transfer plaintiff Juliann Gerecke’s lawsuit to Madison County through attorney Philip Lading of Sandberg Phoenix & von Gontard PC.
Gerecke, who was allegedly the highest ranking employee at the facility when the tornado struck the building, filed claims against Amazon and various construction entities over the building’s tilt-up construction, the absence of tornado storm shelters, and the alleged failure to inform occupants where to seek shelter during severe weather events.
Gateway claims nothing in the case ties it to St. Clair County. The plaintiff resides in Macoupin County and the incident occurred in Madison County.
The Illinois Supreme Court consolidated all cases pertaining to the deadly tornado in Madison County for pre-trial proceedings with Circuit Judge Sarah Smith presiding.
“As the Supreme Court recognized in its consolidation and transfer order, Madison County is the proper forum to adjudicate this case because it is the locus of events and the forum that can most efficiently address all lawsuits involving the tornado,” Lading wrote.
The defendant states that the Supreme Court’s order does not make clear what will happen to the case if consolidation proceedings end before the case is resolved. If deconsolidation occurs, Gateway argues that the case should remain in Madison County.
Gerecke originally filed her complaint in St. Clair County Circuit Court through attorney Gregory Shevlin of Cook Bartholomew Shevlin Cook & Jones LLP in Belleville. The suit was filed against Amazon Logistics Inc., Gateway East 9B Owner LLC, Contegra Construction Company LLC, McNealy Engineering Inc., Affton Fabricating & Welding Co., Cassidy Construction Company Inc., and Quality Testing and Engineering Inc.
According to her complaint, Gerecke claims the defendants should have known that the “tilt-up construction” used to construct the Amazon center in Edwardsville was unsafe after a similar facility collapsed in Baltimore. She argues that an EF-1 tornado touched down near Baltimore on Nov. 2, 2018, and struck an Amazon fulfillment center with the same construction design as the facility in Edwardsville. Two individuals were killed when the Baltimore building collapsed.
“The tornado blew off the roof of the fulfillment center, causing a 50-foot section of 8-inch concrete wall to collapse toward the interior of the building, killing two of the employee/contractors present,” the suit states.
“Each of the defendants and all of them knew or in the exercise of reasonable care should have known that the November 2, 2018, tornado event in Baltimore, Maryland and other similar events across the country, demonstrated the problems posed by the ‘tilt-up construction’ methods when faced with severe winds and tornadic weather events, as well as the need for safe rooms, shelter areas, and/or best available refugee areas for employees and contractors to take shelter in the event of severe weather,” it continues.
Then on Dec. 10, 2021, an EF-3 tornado struck the Amazon delivery station in Edwardsville at approximately 8:28 p.m. As a result, parts of the building’s walls collapsed.
Six employees were killed in the collapse, including Larry Virden, 46, Austin McEwen, 26, Kevin D. Dickey, 62, Clayton Lynn Cope, 29, Etheria S. Hebb, 34, and Deandre Morrow, 28.
Gerecke claims she was placed in the zone of danger, causing her to suffer severe and permanently disabling injuries, including “post-traumatic stress disorder and other mental and physical sequelae of the incident.”
In their answers to the complaint and affirmative defenses, the defendants argue that the plaintiff’s injuries were caused by circumstances or events over which they had no control and by an unavoidable act of God.
They also claim the plaintiff caused her own injuries by failing to take proper precautions.
Quality Testing and Engineering answered the complaint on Jan. 2 through attorney James Koehler of Hinshaw & Culbertson LLP in Chicago.
Contegra Construction answered the complaint on Jan. 5 through attorney Robert Duckels of Greensfelder Hemker & Gale PC in St. Louis.
Cassidy Construction answered the complaint on Jan. 10 through attorney Kenneth Halvachs of Halvachs & Abernathy LLC in Belleville.
Gateway East 9B answered the complaint on Jan. 24 through attorney Andrew Ryan of Sandberg Phoenix & von Gontard PC in Edwardsville.
McNealy Engineering answered the complaint on Jan. 25 through attorney Nicholas Meriage of Pitzer Snodgrass PC in St. Louis.
Amazon Logistics Inc. answered the complaint on Feb. 12 through attorney Gilmore.