Family Of Edwardsville Man Killed In Deadly Tornado Sues Amazon

CHICAGO — The family of an Edwardsville man who was one of six people killed when a category EF3 tornado tore destroyed a downstate Amazon warehouse has filed a lawsuit against Amazon claiming that the company put employees in harm’s way on the night of the storm in December.

Among the six people killed was Austin McEwen, 26, who worked as an independent contractor for Amazon. McEwen drove for an Amazon delivery service partner and was one of numerous people who were required to work during peak season, a lawsuit filed Monday by Clifford Law Firm in Chicago maintains.

The suit, filed in Madison County State Court in Edwardsville on Monday, maintains that Amazon management knew conditions were highly unsafe as tornado warnings had been issued as early as Dec. 9, a day before inclement weather — including the tornado – destroyed the facility Dec. 10.

An initial investigation indicates 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, a news release issued by the law firm on Monday said.

“This 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. The truth is that this was a new building less than four years old, built in compliance with all applicable building codes, and the local teams were following the weather conditions closely," Amazon spokeswoman Kelly Nantel said in a statement.

"Severe weather watches are common in this part of the country and, while precautions are taken, are not cause for most businesses to close down. We believe our team did the right thing as soon as a warning was issued, and they worked to move people to safety as quickly as possible. We will defend against this lawsuit, but our 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.”

The investigation also shows 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. Reports show 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, the release said.

It is believed this is the first lawsuit filed against Amazon for this “tragically avoidable incident,” the law firm said in the release.

“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 been evacuated when it was believed a tornado was en route. It appears that holiday profits took precedence over safety,” Jack J. Casciato, a partner at Clifford Law Offices who represents McEwen’s family said in a statement. “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.”

OSHA has opened an investigation into workplace safety at the fulfillment center, the release said.

“Austin was a wonderful son. 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," McEwen’s mother Alice and father Randy McEwen said in a statement issued by law firm on Monday. "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.”