Parents of Amazon Driver Sue Over Death in December Tornado Warehouse Collapse

Edwardsville, IL (WorkersCompensation.com) – The parents of a delivery driver killed in a warehouse collapse during a tornado are suing Amazon over his allegedly wrongful death. 

In a lawsuit filed in Illinois’ Third Judicial Circuit, Alice McEwen, the administrator of the estate of Austin McEwen, accuses Amazon.com, Contegra Construction Company and Tristar Properties, LLC of negligence. 

Austin McEwen, 26, was one of six victims who died when the Amazon warehouse in Edwardsville, Illinois, was destroyed when a tornado swept through the area last month. The tornado was part of a series of tornados on Dec. 10, 2021, that left a trail of damage from northeastern  Arkansas through Missouri, Illinois, Tennessee, and Kentucky. 

The tornado struck the Amazon warehouse while night workers were beginning their shifts and several employees were attending a Christmas party. Some employees were told to shelter in bathrooms. The tornado ripped the roof off the building, which led to the west-facing walls of the facility to collapse inward. Between 50 and 100 people were trapped in the collapsed remnants of the warehouse. 

McEwen worked as a delivery driver, and was considered an independent contractor for Amazon. According to the lawsuit, he was one of the people at the plant who sought shelter in the facility’s bathroom. 

According to the lawsuit, the Amazon warehouse did not have a basement or a shelter for employees and others working at the facility to go to. Additionally, the lawsuit said, Amazon failed to evacuate those inside the warehouse, failed to properly monitor the developing weather, failed to ensure individuals at the warehouse were aware of where to shelter and failed to have an emergency plan. 

In a press conference, McEwen’s mother accused the company of prioritizing deliveries over the safety of delivery people. 

Amazon did not respond to email requests for comment from WorkersCompensation.com, but told CNN Business that the company will defend against the lawsuit. Amazon spokesperson Kelly Nantel said Amazon’s focus continues to be on supporting our employees and partners, the families who lost loved ones, the surrounding community, and all those affected by the tornadoes." 

Nantel said the lawsuit “misunderstands key facts, such as the difference between various types of severe weather and tornado alerts, as well as the condition and safety of the building.” Nantel also said that while severe weather watches are common in the area, it is not standard practice for businesses to shut down due to severe weather predictions. 

McEwen’s attorneys, however, suggest in their filings that McEwen was more like an employee than an independent contractor. 

“On December 10, 2021 and at all relevant times, Defendant, Amazon Inc., controlled, directed, and/or instructed decedent, Austin McEwen, which included controlling, directing, and/or instructing decedent, Austin McEwen, on the operative details of his work, including but not limited to, controlling the deliveries he was to make, controlling the routes he was to take, requiring him to wear a uniform and/or apparel that displayed the name “Amazon” on it, requiring him to follow policies and procedures of Defendant, Amazon Inc., controlling 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 lawsuit said. 

Jack Casciato, one of the attorneys with Clifford Law Offices, did not return requests for comment. 

The lawsuit also alleges that Contegra and TriStar Properties built the facility without a basement or tornado shelter, knowing the area was prone to tornados, and failed to recommend to Amazon that the facility be built with a basement or shelter because the area was prone to tornados. 

The lawsuit is seeking damages in excess of $200,000 and is demanding a trial by jury.

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