Clifford Law to sue Amazon after employee is killed by tornado at downstate distribution center

Clifford Law Offices to File First Lawsuit Against Amazon on Behalf of Family of Downstate Delivery Driver Killed at Distribution Center During Tornado; Zoom Press Conference with Mother and Lawyer at NOON (CST) MONDAY

Clifford Law Offices on Monday, Jan. 17, 2022) will file a lawsuit on behalf of the family of a 26-year-old delivery driver who was killed after he was working at an Amazon distribution center in Edwardsville, Illinois when a tornado struck the facility Dec. 10.

Austin McEwen, an independent contractor of Amazon, driving for an Amazon Delivery Service Partner, was one of numerous individuals required to work during an Amazon “peak season” when Amazon management knew that conditions were highly unsafe as tornado warnings had been issued.

Tornado warnings had been issued for southwestern Illinois as early as Dec. 9, 2021, and were re-issued on several occasions with growing concern and intensity over the next 24 hours.

Initial investigation reveals that workers at the facility, including McEwen, were required to continue working instead of being told to evacuate when it was known of the possibility of a major tornado.

In addition, initial investigation reveals that the Amazon facility had no basement shelter despite this area of Illinois being prone to tornadoes, and no safety plan or adequate emergency plan required by the Occupational Safety and Health Administration (OSHA).

Amazon.com's "Day 1" tower in Seattle, WA in January 2017. Photo courtesy of Wikipedia — Amazon.com’s “Day 1” tower in Seattle, WA in January 2017. Photo courtesy of Wikipedia

Further, reports indicate that Amazon directed McEwen and five others that were killed to shelter in a bathroom when Amazon knew or should have known that this location would not protect them. It is believed this is the first lawsuit filed against Amazon for this tragically avoidable incident.

“Initial reports from those that survived this avoidable tragedy are disturbing. We certainly intend to discover what precautions Amazon could have taken to save lives. Certainly, this entire facility could have bene evacuated when it was believed a tornado was en route. It appears that holiday profits took precedence over safety,” said Jack J. Casciato, partner at Clifford Law Offices who represents the family of the young driver. “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.”

Early investigative reports have indicated that Amazon management knew or should have known of this tornado more than 24 hours before it destroyed 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. OSHA has opened an investigation into workplace safety at the fulfillment center following this tragic event.

In addition, members of Congress have sent a letter to Amazon and its CEO Jeff Bezos seeking answers. The E-3 tornado is reported to have hit the distribution center in downstate Illinois Edwardsville at 8:28 p.m. with winds reaching speeds of 150 mph. The roof of the massive facility collapsed, leveling the building.

The complaint will be e-filed in Madison County State Court located in downstate Edwardsville, Illinois.

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Ray Hanania

Ray Hanania is an award-winning opinion columnist, author & former Chicago City Hall reporter (1977-1992). A veteran who served during the Vietnam War and the recipient of four SPJ Peter Lisagor Awards for column writing, Hanania writes weekly opinion columns on mainstream American & Chicagoland topics for the Southwest News-Herald, Des Plaines Valley News, the Regional News, The Reporter Newspapers, and Suburban Chicagoland.

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Hanania was named "Best Ethnic American Columnist" by the New America Media in November 2007, and is the 2009 recipient of the SPJ National Sigma Delta Chi Award for column writing.

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