DeAndre Morrow Complaint

***EFILED***
Case Number 2022LA000511

Date: 4/19/2022 1:37 PM
Thomas McRae
Clerk of Circuit Court
Third Judicial Circuit, Madison County Illinois
IN THE CIRCUIT COURT
FOR THE THIRD JUDICIAL CIRCUIT
MADISON COUNTY, ILLINOIS
DEON JANUARY, as Independent )

Administrator of the Estate of DEANDRE ) 2022LA000511
MORROW, Deceased, ) Case No. 22-L-_____
)
Plaintiff, )
)
vs. )
)
AMAZON.COM, INC., a corporation, )
AMAZON LOGISTICS, INC., a corporation )
CONTEGRA CONSTRUCTION COMPANY, )
L.L.C, a limited liability company, )
TRISTAR PROPERTIES, LLC, a limited )
liability company, )
STOCK & ASSOCIATES CONSULTING )
ENGINEERS, INC., a corporation, )
GRAY DESIGN GROUP, INC., )
a corporation, and )
MCNEALY ENGINEERING, INC., )
a corporation. )
)
Defendants. )
PLAINTIFF’S ORIGINAL COMPLAINT
COMES NOW, Plaintiff Deon January, as Independent Administrator of the Estate of
DeAndre Morrow, deceased (hereinafter “Plaintiff”), in the above-entitled cause through her
attorneys, MILLER KING LLC, HILLIARD MARTINEZ GONZALES LLP, and BEN CRUMP
LAW PLLC, against the following Defendants, AMAZON.COM, INC. (“AMAZON.COM,
INC..”), AMAZON LOGISTICS, INC. (“ALI”), CONTEGRA CONSTRUCTION COMPANY,
LLC (“CONTEGRA”), TRISTAR PROPERTIES, LLC (“TRISTAR”), STOCK & ASSOCIATES
CONSULTING ENGINEERS, INC. (“STOCK”), GRAY DESIGN GROUP, INC. (“GRAY”),
and MCNEALY ENGINEERING, INC. (“MCNEALY”), and shows unto this Honorable Court as
follows:
I.
PLAINTIFF
1. Plaintiff, Deon January, as Independent Administrator of the Estate of DeAndre
Morrow, Deceased, is an individual who resides in Belleville, St. Clair County, Illinois. Plaintiff
may be reached through the undersigned counsel.
2. Plaintiff is the duly appointed Independent Administrator of the Estate of DeAndre
Morrow and brings this suit on behalf of all the wrongful death beneficiaries of DeAndre Morrow.
Plaintiff brings this action pursuant to the Wrongful Death Act of Illinois, 740 ILCS 180/1 et seq.
II.
DEFENDANTS
3. Defendant, Amazon.com, Inc., is a Fortune 100 company headquartered in Seattle,
Washington. Defendant, Amazon.com, Inc., and its subsidiaries (“Amazon”, “Amazon Flex”,
“Amazon.com, LLC”, and “Amazon Logistics, Inc.,” comprise the world’s largest retailer.
4. In 2019 Amazon caused over 2.5 billion packages to be delivered throughout the
United States, including in Illinois. It is estimated that by the end of 2022, Amazon’s package
delivery volume could reach 6.5 billion packages per year in the United States.
5. Defendant, Amazon.com, Inc., maintains, manages, and controls over 100
“fulfillment centers” and/or “delivery stations” in the United States. These “fulfillment centers”
and/or “delivery stations” create a vast network for Defendant, Amazon.com, Inc., to deliver goods
to customers in using these centers to store, ship, and deliver goods.
6. On December 10, 2021, and at all relevant times, Defendant, Amazon.com, Inc.,
maintained a warehouse or “delivery station” known as “DLI4” located in Edwardsville, Illinois.
The “delivery station” known as “DLI4” was operated, maintained, controlled, and managed by
employees and/or agents of Defendant Amazon.com, Inc.
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PLAINTIFFS’ ORIGINAL COMPLAINT
7. In addition, on December 10, 2021, and at all relevant times, Defendants,
Amazon.com, Inc. and ALI, utilized a wide range of independently contracted drivers and delivery
carriers known as Delivery Service Partners (“DSP”) to drive, haul, and make deliveries for
Defendant, Amazon.com, Inc. and ALI.
8. The DSP program was carefully designed to allow Defendants Amazon.com, Inc.
and ALI to shift costs and liabilities onto DSPs, while maintaining complete control over the DSPs’
day-to-day operations, drivers, and potential for success. On information and belief, Amazon
designed and implemented the DSP program for the primary purpose of improperly evading
employment laws, labor and wage laws, transportation and logistics laws and regulations, motor
vehicle negligence liability exposure, and other legal responsibility for a vast army of delivery
drivers and massive van fleet.
9. Namely, Amazon.com, Inc. sought to interpose a layer of supposedly
“independent” business entities, DSPs, between itself and its drivers to act as a legal firewall
between Amazon and its employees. In reality, the DSPs themselves served as Amazon’s
managerial employees that hired and managed its drivers and ran its delivery operations. Through
this sleight-of-hand, Amazon sought to disguise and deny its employment of tens of thousands of
delivery drivers while shifting all operational liability onto hundreds of DSPs while ensuring that
Amazon, and not DSPs, would capture all the value created by the DSPs and its other contractors’
hard work and labor.
10. Defendants, Amazon.com, Inc. and Amazon Logistics, Inc., will be collectively
referred to as Defendant Amazon.
11. Defendant, Contegra, is headquartered in Edwardsville, Illinois and maintains
members that are domiciled in Illinois. Defendant, Contegra, is a construction and development
company that builds commercial retail buildings, warehouses, office buildings, and institutions.
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Defendant, Contegra, built, developed, and/or constructed an Amazon “delivery station” known
as “DLI4” located in Edwardsville, Illinois. Defendant, Contegra, was under contract with
Defendants Amazon.com, Inc., ALI, and/or Tristar, to build, develop and/or construct the subject
warehouse.
12. Defendant, Tristar, is headquartered in Missouri. Defendant, Tristar, is a developer,
redeveloper, and real estate acquirer of industrial real estate. Defendant, Tristar, was the developer
of an Amazon “delivery station” known as “DLI4” located in Edwardsville, Illinois. Defendant,
Tristar, was under contract with Defendants, Amazon.com, Inc., ALI and/or Contegra, to build,
develop and/or construct the subject warehouse located in Edwardsville, Illinois.
13. Defendant, Stock, is a civil engineering and land surveying firm based in St.
Louis, Missouri. Defendant, Stock, provided construction specifications, shop drawings, and
engineering specifications for the build of the subject “delivery station” known as DLI4 in
Edwardsville, Illinois, including but not limited to construction specifications, shop drawings, and
engineering specifications to build the facility in a “tilt-up” manner.
14. Defendant, Gray, is headquartered in St. Louis, Missouri. Defendant Gray provides
specialized design services, architectural, engineering, and related services. Defendant, Gray,
joined Defendants, Amazon.com, Inc., Amazon Logistics, Inc., Tristar, Contegra, and Stock as the
master planning, design, and architectural firm for the Amazon “fulfillment center” known as
“DLI4” and located in Edwardsville, Illinois. Defendant, Gray, was under contract with
Defendants, Amazon.com, Inc., Amazon Logistics, Inc., Tristar, Contegra, and/or Stock, to design,
develop, and/or construct the subject warehouse located in Edwardsville, Illinois.
15. Defendant, McNealy Engineering, Inc., is a structural engineering firm based in
St. Louis, Missouri that provides architectural restoration, structural engineering, and
architectural engineering services including such services for the subject “delivery station”
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known as DLI4 in Edwardsville, Illinois.
III.
JURISDICTION AND VENUE
16. This Court has jurisdiction over all of the parties and the subject matter involved in
this litigation as the amount in controversy is exceeds the Court’s jurisdictional minimum
requirements.
17. Venue is proper in Madison County, Illinois because the incident giving rise to this
suit occurred in this court, pursuant to 735 ILCS 5/2-101.
18. Jurisdiction is proper in this Court over all Defendants as Defendants reside in or
conduct continuous and systematic business in the State of Illinois. Plaintiff expressly disavows
that any claims are being made pursuant to federal law, treaties, or constitution.
19. Although the amount in controversy exceeds $50,000.00, exclusive of costs and
interest, there is a lack of complete diversity because of the presence of Plaintiff and one or more
of Defendants that are citizens of Illinois. As such, this case is not removable to Federal Court.
Any removal would be improper and should be remedied by sanctions and a remand with an award
of all costs, expenses, and fees including, but not limited to, attorney fees under 28 U.S.C. §
1447(c).
IV.
FACTS
1. On or about December 10, 2021, DeAndre Morrow arrived to work at the Amazon
Warehouse located at 3036 Gateway Commerce Center Drive South, Edwardsville, Illinois 62025.
Defendant Amazon is the owner, operator, and employer for the warehouse, and assumed the duty
and responsibility for ensuring safe operations for its employees.
2. On or about December 10, 2021, DeAndre Morrow worked for a DSP to provide
delivery services out of Amazon’s “DLI4” delivery station in Edwardsville, Illinois, delivering
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packages. Amazon required DeAndre Morrow to complete training provided by Amazon.
3. Under the DSP program, Amazon closely monitored and controlled all material
aspects of DeAndre Morrow’s work and the work of his co-employees.
4. The nature of the work performed by drivers was similar and standardized at each
Amazon delivery station and was centrally controlled and directed by Amazon.
5. Amazon controlled the drivers’ day-to-day activities through direct contact with
them.
6. Amazon set the delivery routes and then assigned and provided them to its DSPs.
Every week, Amazon sent the DSPs, the number, type, and start time for the delivery routes for the
upcoming week.
7. DSP drivers were each assigned a cell phone loaded with proprietary Amazon
delivery software (“Amazon Flex”) and drove an Amazon-branded vehicle to the Amazon delivery
station, where Amazon employees pre-sorted packages for delivery. Drivers then logged into
Amazon Flex to access their Amazon assigned route and picked up the assigned packages. The
packages were not transformed or modified during the shipping process but were delivered in the
same condition as they were shipped to the Amazon delivery station.
8. Amazon, through its Cortex system, tracked and monitored the DSP drivers’ job
performance in real time, tracking delivery rate, delivery speed, delivery accuracy, driver
distractions, seatbelt use, driving speed and acceleration, and adherence to a delivery schedule
created by Amazon through Amazon Flex and its EMentor application. Every day, Amazon sent
an email documenting each delivery driver’s job performance to the DSPs.
9. Amazon required DSP drivers to explain why any package was returned to the
station at the end of a driver’s shift. Amazon routinely threatened drivers with suspension or
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termination if they did not go back out to attempt redelivery of 100% of dispatched packages, even
if the driver had been on the road more than ten hours.
10. Amazon set the start time and end time for drivers and dictated the hours of delivery
in which a delivery driver could deliver a package, including the start time and end time for each
route. For example, Amazon employees sent delivery drivers text messages when they approached
ten hours.
11. Amazon employees also direct DSP employees to cease delivering or to continue
delivering. On more than one occasion, DSP drivers were called back to the delivery station and
told not to deliver packages well before the drivers’ shifts had ended.
12. Tragically, due to Defendant Amazon’s blatant disregard for its employees’ and
contractors’ safety and well-being and motivated by profit and productivity at the expense of its
workers’ health, at least six (6) people lost their lives. This horrible tragedy was preventable, had
basic and necessary care and concern for Defendant Amazon’s workers been applied by Defendant
Amazon, as it was legally obligated to do.
13. Defendant Amazon was warned by the National Weather Service of possible
tornadoes in the area of the warehouse as far as thirty-six (36) hours ahead of this tragic incident.
Upon receipt of these warnings, Defendant Amazon allegedly did not modify the employee or
contractor work schedule and refused to permit employees from taking time off until the storm
passed. On or about December 10, 2021, Defendant Amazon received additional tornado warnings
between 8:06 p.m. and 8:16 p.m. Defendant Amazon inadequately responded by warning only a
portion of the employees and instructing them to retreat into the warehouse restrooms for safety.
The tornado hit at roughly 8:26 p.m. that evening with 150 m.p.h. winds which ripped off the roof
of the warehouse and caused 11-inch-thick concrete walls to fall in on themselves.
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14. Unfortunately, this incident is only the latest in a pattern of disregarding employee
safety and ignoring warnings of oncoming natural disasters. On or about September 2021, a
warehouse run by Defendant Amazon ignored similar warnings by the National Weather Service
of the oncoming tropical depression “Ida” which led to the deaths of fourteen (14) employees.
Previously, on or about November 8, 2018, Defendant Amazon ignored warnings as a result of a
wildfire in California putting their employees at risk in the name of productivity and profits. In
November of 2018, Defendant Amazon had another warehouse that was struck by a tornado in
Baltimore, Maryland, that caused the warehouse to collapse and two (2) men to die as a result.
When warned of widespread record-breaking high heatwaves over the summer of 2021, Defendant
Amazon refused to take adequate measures which led to widespread employee health issues and
the death of an employee within a similar warehouse in Bessemer, Alabama.
15. DeAndre Morrow was employed by AB&C Dad, Inc., an Amazon DSP contractor,
for two months prior to his untimely death. DeAndre Morrow was provided an Amazon truck and
an Amazon uniform. On December 10, 2021, DeAndre Morrow was supposed to take his
scheduled off day but was called from dispatch at 9:12 a.m., asking him to work an extra shift. Mr.
Morrow was working extra shifts and overtime in order to earn extra money for the holiday season
and to repay his mother for a car that she had recently purchased for him. Mr. Morrow’s shift was
scheduled between 9:30 a.m. and 5:00 p.m. The storm hit around 8:30 p.m. DeAndre Morrow
contacted his mother around 1:40 p.m. that day and his girlfriend at around 4:11 p.m.
16. At this time, it is unknown where DeAndre Morrow was located at within the
facility at the time of the storm, but it is known that he was present at the facility long after his
shift was scheduled to end. Defendant Amazon would require its drivers to “rescue” fellow drivers
when other drivers had not completed their deliveries. To “rescue” another driver means to go out
and help them finish delivering their packages. Upon information and belief, Plaintiff believes her
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son was in the process of rescuing another driver at the time of his death.
17. Defendant Amazon controlled, directed, and/or instructed decedent, DeAndre
Morrow, which included controlling, directing, and/or instructing decedent, DeAndre Morrow, 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 the policies and procedures of
Defendant Amazon, 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.
18. At approximately 8:20 p.m., an EF-3 tornado began on the south side of Interstate
270 and moved northeast, striking the subject Amazon fulfillment center known as DLI4, causing
parts of the center’s walls to collapse and multiple other structural failures which resulted in
numerous injuries and the death of six individuals, one being decedent, DeAndre Morrow.
19. On and before December 10, 2021, Defendant Amazon employed an individual
and/or individuals at the subject Amazon fulfillment center that were responsible for monitoring
severe weather updates.
20. On December 10, 2021, Defendant Amazon, knew or should have known that
tornadoes were possible at or near the subject “fulfillment center” as early as 3:44 a.m. on
Thursday, December 9, 2021, when the National Weather Service issued the following weather
warning: “There is chance of thunderstorms late Friday afternoon into the night across
southeastern and east-central Missouri as well as south-central and southwestern Illinois. A few
thunderstorms could become strong to severe in southeastern Missouri and southwestern Illinois
late Friday evening into night. The main threat will be strong to damage wind gusts, but a tornado
is also possible.”
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21. On December 10, 2021, Defendant Amazon, again knew or should have known that
tornadoes were possible at or near the subject “fulfillment center” when the National Weather
Service on December 9, 2021 at 2:58 p.m. reported: “Scattered severe storms are possible across
southeast Missouri and southwest Illinois between 8:00 p.m. Friday night and 3:00 a.m. early
Saturday. Any storms that develop will be fast moving. The primary threat with these storms will
be damaging winds. A few tornadoes will be possible as well.”
22. On December 10, 2021 at 8:06 p.m., the National Weather Service issued a “take
shelter now” tornado warning for the Edwardsville, Illinois area.
23. Despite having numerous warnings from the National Weather Service that the
Edwardsville, Illinois area was at risk of experiencing devastating weather and/or tornadoes,
Defendant Amazon had workers and independently contracted DSPs working during a holiday
“peak season” until moments before the EF-3’s tornado obliterated the subject fulfillment center
in Edwardsville, Illinois.
24. At all times on December 10, 2021, Defendant Amazon knew, or should have
known and foreseen, that the subject fulfillment center was in an area that could sustain devastating
weather and/or a tornado.
25. On December 10, 2021, and at all relevant times, Defendant Amazon, had duties to
exercise reasonable care in its operation, management, and/or control of the subject fulfillment
center and all workers present at the center, including but not limited to, independently contracted
DSP contractors including decedent, DeAndre Morrow, to prevent them from sustaining injuries
and death.
26. Plaintiff attaches as “Exhibit A” to this Complaint the West County EMA & Fire
Protection District’s Report authored by Dan Bruno, P.E., PTOE, to further support her causes of
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action against Defendants.
27. As stated by Mr. Bruno, “…I found what I believed to be one or more significant
structural issues with the Amazon building that may have contributed to the failure of the
structure.” See Exhibit A at 4. Shockingly, Mr. Bruno discovered why these columns failed and
caused the death of these six (6) individuals:
“In each case of the failed columns, there was a clear line of demarcation on the
bottom of the column just below the yellow band that showed an area of unpainted
column with light brown surface oxidation that had been the area of the column that
sat below the finished grade of the concrete floor. I became concerned when I
noticed that none of the columns appeared to be ripped or torn from the base. This
was especially concerning to me knowing that the International Building Code
(IBC) requires structural members to be secured against uplift from wind loads,
among other things. (2021 IBC Section 1604.8.1). Looking at the base of the
columns more closely, I could find no weld or bolted connection at the base of any
column, but only a bead of what appeared to be some sort of caulk around the
column at the finished floor line. An examination of several of the empty pockets
where [sic] columns once stood also did not reveal any indication of positive
securement of the column et at or below the finished floor level.”
See Exhibit A at 2.
28. Mr. Morrow died as a result of his thoracic cavity being crushed by the Amazon
walls around him. At the time of Mr. Morrow’s death, he left a surviving mother, Deon January,
and father, Edmund Morrow, Sr., who have and will continue to suffer damages of a personal,
pecuniary, and non-pecuniary nature, including great loss of society and companionship.
29. As a result of Defendants’ negligence and continuous blatant disregard for the
health and safety of their employees, DeAndre Morrow died in a tragically preventable death and
Plaintiff has sustained life-altering damages.
COUNTS
COUNT I: WRONGFUL DEATH: NEGLIGENCE: AMAZON.COM, INC.
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1. Plaintiff incorporates each and every allegation of the foregoing paragraphs as if
fully set forth herein.
2. Defendant Amazon was negligent in its inaction to provide a safe work
environment for its employees and contractors in the face of a natural disaster. Defendant Amazon
was responsible for developing, enforcing, and implementing an adequate safety plan to protect its
employees in the event of a natural disaster.
3. Defendant Amazon knew or should have known the imminent danger that the
tornado presented.
4. The occurrence herein was due to the negligence, carelessness, and recklessness of
the Defendant Amazon, its agents, servants, and employees, in the ownership, management,
maintenance, operation, supervision, and the control of the subject premises.
5. At all times mentioned herein, Defendant Amazon owed duties to Mr. Morrow,
including but not limited to the following and, by various acts and omissions, breached these
duties, each of which singularly or in combination, was the proximate cause of the occurrence in
question and Plaintiff’s injuries:
a. Failing to warn about or abate known safety risks and hazards;
b. Failing to provide proper, safe equipment, and competent personnel;
c. Failing to design an adequate safety plan and provide adequate personnel to

execute the safety plan;
d. Failing to have a basement shelter or actual shelter;
e. Failing to implement proper safety procedures in the event of an evacuation or

natural disaster;
f. Failing to follow safety procedures while the natural disaster was unfolding;
g. Failing to properly monitor inclement weather prior to the tornado hitting the
fulfillment center;
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h. Failing to operate, maintain, and manage a warehouse in an area prone to
tornadoes that was built to withstand tornado size gusts;
i. Failing to ensure that Mr. Morrow was in the safest place in the fulfillment
center when the tornado touched ground;
j. Failing to have a proper Emergency Action Plan meeting the requirements of

OSHA 29 CFR 1910.38;
k. Failing to train employees and contractors how to follow an Emergency Action

Plan;
l. Failing to review an Emergency Action Plan with each individual per OSHA
1910.38(e);
m. Failing to have a proper alarm/warning in place at the subject fulfillment center

per OSHA 1910.38(d) and 1910.165 to warn of the approaching tornado;
n. Requiring Mr. Morrow to continue working until the moments before the
tornado struck when Amazon knew or should have known the tornado was
imminent;
o. Failing to hold safety meetings with individuals, including decedent, DeAndre

Morrow, in advance of December 10, 2021, to prepare individuals on the safest
course of action to take if a tornado is imminent;
p. Failing to timely inform individuals at the subject fulfillment center that a

tornado was approaching so those individuals had adequate time to properly
shelter or evacuate;
q. Failing to evacuate all those present at the subject delivery station when
Amazon knew or should have known that keeping individuals working at the
center, including decedent, DeAndre Morrow, placed them in imminent danger
when Amazon knew or should have known the area was at-risk of a tornado;
r. Failing to operate, maintain and manage a warehouse in an area prone to

tornadoes that was equipped with a “safe room” consistent with FEMA P-321
and FEMA P-361;
s. Failing to operate, maintain and manage a warehouse in an area prone to

tornadoes that was equipped with a “best available refugee area” consistent with
FEMA P-431;
t. Failing to operate, maintain and manage a warehouse in an area prone to

tornadoes that was built to withstand tornado size gusts;
u. Failing to have a qualified architect or engineer designate the “bast available
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refugee area” per FEMA P-431;
v. Failing to provide a warehouse that was built in compliance with International

Building Code Section 1604; and
w. Was otherwise carless and negligent.
6. The acts and omission of the Defendant Amazon as described above constitutes
negligence, and Defendant Amazon’s breaches of its legal duty proximately caused injury and
damages to Plaintiff. Defendant Amazon breached its duty, failed to exercise reasonable care and
such failure proximately caused the occurrence in question.
7. Defendant Amazon is liable under the doctrine of respondeat superior for the
individuals responsible for ensuring employee safety as they were acting in the capacity as an
agent, servant, and/or employee of Defendant Amazon, and were acting within the course and
scope of its authority as such. There, the doctrine of Respondent Superior should be applied to
Defendant as follows:
a. negligent hiring;
b. negligent entrustment;
c. negligent training and safety implementation; and
d. negligent retention.
8. As a direct and proximate cause of one or more of the aforementioned careless
negligent acts and/or omissions of Defendant Amazon, the Plaintiff’s son, DeAndre Morrow,
suffered serious injuries that resulted in his death.
9. At the time of decedent’s death, DeAndre Morrow, left a surviving mother, Deon
January, and father, Edmund Morrow, Sr., who have and will continue to suffer damages of a
personal, pecuniary, and non-pecuniary nature, including great loss of society and companionship
of decedent, DeAndre Morrow.
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10. Plaintiff, Deon January, has been duly appointed Independent Administrator of the
Estate of DeAndre Morrow, deceased, and brings this action pursuant to the Wrongful Death Act
of Illinois, 740 ILCS 180/1 et. seq.
WHEREFORE, Plaintiff, Deon January, as Independent Administrator of the Estate of
DeAndre Morrow, deceased, prays for judgment against Defendant, Amazon.com, Inc., in an
amount in excess of Fifty-Thousand Dollars ($50,000.00).
COUNT II: SURVIVAL ACT: NEGLIGENCE: AMAZON.COM, INC.
1. Plaintiff re-alleges Paragraphs 1-29 of Section IV and Paragraphs 1-10 of Count I
for Paragraph 1 of Count II.
negligent acts and/or omissions of Defendant Amazon, the Plaintiff’s decedent, DeAndre Morrow,
suffered serious injuries of a person and pecuniary nature, including but not limited to, pain and
suffering, and would have been entitled to recover for these damages had he not died from
Defendant Amazon’s conduct.
Estate of DeAndre Morrow, deceased, and brings this action pursuant to the Survival Act at755
ILCS 5/27-6.
DeAndre Morrow, deceased, prays for judgment against Defendant, Amazon.com, Inc., in an
COUNT III: WRONGFUL DEATH: NEGLIGENCE: AMAZON LOGISTICS, INC.
1. Plaintiff re-alleges Paragraphs 1-29 of Section IV and Paragraphs 1-10 of Count I
for Paragraph 1 of Count III.
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negligent acts and/or omissions of Defendant ALI, the Plaintiff’s decedent, DeAndre Morrow,
3. At the time of decedent’s death, DeAndre Morrow, left a surviving mother, Deon
personal, pecuniary, and non-pecuniary nature, including great loss of society and companionship
of decedent, DeAndre Morrow.
DeAndre Morrow, deceased, prays for judgment against Defendant, Amazon Logistics, Inc., in
an amount in excess of Fifty-Thousand Dollars ($50,000.00).
COUNT IV: SURVIVAL ACT: NEGLIGENCE: AMAZON LOGISTICS, INC.
1. Plaintiff re-alleges Paragraphs 1-29 of Section IV, Paragraphs 1-10 of Count I, and
Paragraphs 1-4 of Count III for Paragraph 1 of Count IV.
negligent acts and/or omissions of Defendant ALI, the Plaintiff’s decedent, DeAndre Morrow,
suffered serious injuries of a person and pecuniary nature, including but not limited to, pain and
Defendant Amazon’s conduct.
ILCS 5/27-6.
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DeAndre Morrow, deceased, prays for judgment against Defendant, Amazon Logistics, Inc., in an
COUNT V: WRONGFUL DEATH: CONSTRUCTION NEGLIGENCE: CONTEGRA

CONSTRUCTION COMPANY, LLC
1. Plaintiff re-alleges Paragraphs 1-29 of Section IV for Paragraph 1 of Count V.
2. On and before December 10, 2021, Defendant Contegra was a construction and
development company that built commercial retail buildings, warehouses, office buildings, and
institutions.
3. Prior to December 10, 2021, Defendant Contegra built, developed, and/or
constructed an Amazon “delivery station” known as “DLI4” located in Edwardsville, Illinois.
Defendant Contegra was under contract with Defendants, Amazon.com, Inc., Amazon Logistics,
Inc., and/or Tristar, to build, develop and/or construct the subject warehouse.
4. Prior to December 10, 2021 and during all phases of the construction of the subject
warehouse, Defendant, Contegra, individually and through its agents, servants, and/or employees
was present during the course of such construction and Defendant, Contegra, participated,
orchestrated, managed, supervised, controlled, directed, and/or was in charge of the work being
done at the aforesaid project including but not limited to directing the means, methods and operative
details of the work being done by on-site workers, including but not limited to workers of
Defendant, Tristar. The Defendant, Contegra, individually and through its agents, servants, and/or
employees participated in coordinating the work being done and designated various work methods,
had a responsibility to maintain a safe premise for all workers, maintained and checked work
progress, and participated in the scheduling of the work and inspection of the work.
5. That at all relevant times, Defendant Contegra had a duty to exercise reasonable
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care in its build, planning, and construction of the subject “delivery station” located in
Edwardsville, Illinois.
6. Notwithstanding its duties, at said time and place, Defendant Contegra by and
through its agents, servants, and employees, was then and there guilty of one or more of the
following careless and negligent acts and/or omissions:
a. Built and/or constructed the subject “delivery station” without a basement or

actual shelter that could provide shelter when Defendant knew that
Edwardsville, Illinois was prone to inclement weather including but not limited
to tornadoes;
b. Built and/or constructed the subject “delivery station” without a “safe room”
that could provide shelter when Defendant knew that Edwardsville, Illinois
was prone to inclement weather including but not limited to tornadoes;
c. Failed to recommend that the subject “delivery station” be built with a basement
shelter, shelter or “safe room” that could provide shelter when Defendant
knew that Edwardsville, Illinois was prone to inclement, severe weather and/or
tornadoes;
d. Built and/or constructed the subject “delivery station” in a “tilt-up” wall

construction manner when Defendant knew or should have known that this
manner of construction causes walls to fall when struck with high winds and
knew that Edwardsville, Illinois was prone to inclement, severe weather and
tornadoes;
e. Failed to adequately build the subject “delivery station” in a manner to prevent

walls from collapsing and the roof from separating when struck withhigh winds
when Defendant knew that Edwardsville, Illinois was prone to inclement,
severe weather and tornadoes;
f. Failed to build the subject “delivery station” pursuant to all local, state,and
federal codes that prevented structural collapse due to inclement weather;
g. Failed to provide a warehouse that was built in compliance with International

Building Code Section 1604;
h. Was otherwise careless and negligent.
negligent acts and/or omissions of Defendant Contegra, the Plaintiff’s decedent son, DeAndre
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Morrow, suffered serious injuries that resulted in his death.
8. At the time of decedent’s death, DeAndre Morrow, left surviving a mother, Deon
personal, pecuniary, and non-pecuniary nature, including great loss of society and
companionship ofdecedent, DeAndre Morrow.
DeAndre Morrow, deceased, prays for judgment against Defendant, Contegra Construction
Company, LLC, in an amount in excess of Fifty-Thousand Dollars ($50,000.00).
COUNT VI: SURVIVAL ACT: NEGLIGENCE: CONTEGRA CONSTRUCTION

COMPANY, LLC
1. Plaintiff re-alleges Paragraphs 1-9 of Count V for Paragraph 1 of Count VI.
negligent acts and/or omissions of Defendant Contegra, the Plaintiff’s decedent son, DeAndre
Morrow, suffered serious injuries of a personal and pecuniary nature, including but not limited to
pain and suffering, and would have been entitled to recover for these damages had he not died
from Defendant Contegra’s conduct.
ILCS 5/27-6.
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DeAndre Morrow, deceased, prays for judgment against Defendant, Contegra Construction
Company, LLC, in an amount in excess of Fifty-Thousand Dollars ($50,000.00).
COUNT VII: WRONGFUL DEATH: CONSTRUCTION NEGLIGENCE:

TRISTAR PROPERTIES, LLC
1. Plaintiff re-alleges Paragraphs 1-29 of Section IV for Paragraph 1 of Count VII.
2. On and before December 10, 2021, Defendant Tristar was a construction and
development company that builds commercial retail buildings, warehouses, office buildings, and
institutions.
3. Prior to December 10, 2021, Defendant Tristar built, developed, and/or constructed
an Amazon “delivery station” known as “DLI4” located in Edwardsville, Illinois.
4. Defendant Tristar was under contract with Defendants, Amazon.com, Inc., Amazon
Logistics, and/or Contegra, to build, develop, and/or construct the subject warehouse.
warehouse, Defendant Tristar individually and through its agents, servants, and/or employees was
present during the course of such construction and Defendant Tristar participated, orchestrated,
managed, supervised, controlled, directed, and/or was in charge of the work being done at the
aforesaid project including but not limited to directing the means, methods and operative details
of the work being done by on-site workers, including but not limited to workers of Defendant,
Tristar. Defendant Tristar individually and through its agents, servants, and/or employees
participated in coordinating the work being done and designated various work methods, had a
responsibility to maintain a safe premise for all workers, maintained and checked work progress,
and participated in the scheduling of the work and inspection of the work.
6. That at all relevant times, Defendant Tristar had a duty to exercise reasonable care
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in its build, planning, and construction of the subject “delivery station” located in Edwardsville,
Illinois.
7. Notwithstanding its duties, at said time and place, Defendant Tristar by and through
its agents, servants, and employees, was then and there guilty of one or more of the following
careless and negligent acts and/or omissions:

to tornadoes;
shelter, shelter or “safe room” that could provide shelter when Defendant knew
that Edwardsville, Illinois was prone to inclement, severe weather and/or
tornadoes;

tornadoes;


negligent acts and/or omissions of Defendant Tristar, the Plaintiff’s decedent son, DeAndre
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companionship of decedent, DeAndre Morrow.
DeAndre Morrow, deceased, prays for judgment against Defendant, Tristar Properties, LLC, in an
COUNT VIII: SURVIVAL ACT: NEGLIGENCE: TRISTAR PROPERTIES, LLC
1. Plaintiff re-alleges Paragraphs 1-10 of Count VII for Paragraph 1 of Count VIII.
negligent acts and/or omissions of Defendant Tristar, the Plaintiff’s decedent son, DeAndre
from Defendant Tristar’s conduct.
ILCS 5/27-6.
DeAndre Morrow, deceased, prays for judgment against Defendant, Tristar Properties, LLC, in an
22 of 34
COUNT IX: WRONGFUL DEATH: STOCK & ASSOCIATES
CONSULTING ENGINEERS, INC.
1. Plaintiff re-alleges Paragraphs 1-29 of Section IV for Paragraph 1 of Count IX.
2. On and before December 10, 2021, Defendant Stock was a civil engineering
company that provided engineering services towards the build of the subject delivery station in
3. Prior to December 10, 2021, Defendant Stock built, developed, provided
engineering services, and/or constructed the Amazon “delivery station” known as “DLI4” located
in Edwardsville, Illinois. Defendant Stock was under contract with Defendants, Amazon.com, Inc.,
Amazon Logistics, and/or Contegra, to assist in the build, develop and/or construct the subject
warehouse.
warehouse, Defendant Stock individually and through its agents, servants, and/or employees was
present during the course of such construction and Defendant Stock participated, orchestrated,
of the work being done by on-site workers, including but not limited to workers of Defendant
Stock. Defendant Stock individually and through its agents, servants, and/or employees
participated in coordinating the work being done and designated various work methods, had a
responsibility to maintain a safe premise for all workers, maintained and checkedwork progress,
and participated in the scheduling of the work and inspection of the work.
5. That at all relevant times, Defendant Stock had a duty to exercise reasonable care
in its build, planning, and construction of the subject “delivery station” located in Edwardsville,
Illinois.
23 of 34
6. Notwithstanding its duties, at said time and place, Defendant Stock by and through

Edwardsville, Illinois was prone to inclement weather including but not
limited to tornadoes;
tornadoes;

tornadoes;


negligent acts and/or omissions of Defendant Stock, the Plaintiff’s decedent son, DeAndre
24 of 34
companionship ofdecedent, DeAndre Morrow.
WHEREFORE, Plaintiff, Deon January, as Special Administrator of the Estate of DeAndre
Morrow, deceased, prays for judgment against Defendant, Stock & Associates Consulting
Engineers, Inc., in an amount in excess of Fifty-Thousand Dollars ($50,000.00).
COUNT X: SURVIVAL ACT: NEGLIGENCE: STOCK & ASSOCIATES

CONSULTING ENGINEERS, INC.
1. Plaintiff re-alleges Paragraphs 1-9 of Count IX for Paragraph 1 of Count X.
negligent acts and/or omissions of Defendant Stock, the Plaintiff’s decedent, DeAndre Morrow,
suffered serious injuries of a personal and pecuniary nature, including but not limited to pain and
Defendant Stock’s conduct.
ILCS 5/27-6.
DeAndre Morrow, deceased, prays for judgment against Defendant, Stock & Associates
Consulting Engineers, Inc., in an amount in excess of Fifty-Thousand Dollars ($50,000.00).
COUNT XI: WRONGFUL DEATH: GRAY DESIGN GROUP, INC.
25 of 34
1. Plaintiff re-alleges Paragraphs 1-29 of Section IV for Paragraph 1 of Count XI.
2. On and before December 10, 2021, Defendant Gray was an architectural company
that provided architectural services towards the build of the subject delivery station in
3. Prior to December 10, 2021, Defendant Gray built, developed, provided
architectural services, and/or constructed the Amazon “delivery station” known as “DLI4” located
in Edwardsville, Illinois. Defendant Gray was under contract with Defendants, Amazon.com, Inc.,
Amazon Logistics, Tristar, and/or Contegra, to assist in the build, develop and/or construct the
subject warehouse.
warehouse, Defendant Gray individually and through its agents, servants, and/or employees was
present during the course of such construction and Defendant Gray participated, orchestrated,
of the work being done by on-site workers, including but not limited to workers of Defendant Gray.
Defendant Gray individually and through its agents, servants, and/or employees participated in
coordinating the work being done and designated various work methods, had a responsibility to
maintain a safe premise for all workers, maintained and checked work progress, and participated
in the scheduling of the work and inspection of the work.
5. That at all relevant times, Defendant Gray had a duty to exercise reasonable carein
its build, planning, design, specifications, and construction of the subject “delivery station” located
in Edwardsville, Illinois.
6. Notwithstanding its duties, at said time and place, Defendant Gray by and through
26 of 34

to tornadoes;
tornadoes;

tornadoes;


negligent acts and/or omissions of Defendant Gray, the Plaintiff’s decedent son, DeAndre Morrow,
27 of 34
Morrow, deceased, prays for judgment against Defendant, Gray Design Group, Inc., in an amount
in excess of Fifty-Thousand Dollars ($50,000.00).
COUNT XII: SURVIVAL ACT: NEGLIGENCE: GRAY DESIGN GROUP, INC.
1. Plaintiff re-alleges Paragraphs 1-9 of Count XI for Paragraph 1 of Count XII.
negligent acts and/or omissions of Defendant Gray, the Plaintiff’s decedent, DeAndre Morrow,
suffered serious injuries of a personal and pecuniary nature, including but not limited to pain and
Defendant Gray’s conduct.
ILCS 5/27-6.
DeAndre Morrow, deceased, prays for judgment against Defendant, Gray Design Group, Inc., in
an amount in excess of Fifty-Thousand Dollars ($50,000.00).
COUNT XIII: WRONGFUL DEATH: NEGLIGENCE:

MCNEALY ENGINEERING, INC.
1. Plaintiff re-alleges Paragraphs 1-29 of Section IV for Paragraph 1 of Count XIII.
2. On and before December 10, 2021, Defendant McNealy was a structural
28 of 34
engineering firm based in St. Louis, Missouri that provides architectural restoration, structural
engineering, and architectural engineering services including such services for the subject
“delivery station” known as DLI4 in Edwardsville, Illinois.
3. Prior to December 10, 2021, Defendant McNealy built, developed, provided
architectural services, structural engineering services, and/or constructed the Amazon “delivery
station” known as “DLI4” located in Edwardsville, Illinois. Defendant McNealy was under
contract with Defendants, Amazon.com, Inc., Amazon Logistics, Tristar, Stock, Gray and/or
Contegra, to assist in the build, develop and/or construct the subject warehouse.
4. Prior to December 10, 2021, and during all phases of the construction of the subject
warehouse, Defendant McNealy individually and through its agents, servants, and/or employees,
was present during the course of such construction and Defendant McNealy participated,
orchestrated, managed, supervised, controlled, directed, and/or was in charge of the work being
done at the aforesaid project including but not limited to directing the means, methods, and
operative details of the work being done by on-site workers, including but not limited to workers
of Defendant McNealy. Defendant McNealy individually and through its agents, servants, and/or
employees participated in coordinating the work being done and designated various work methods,
had a responsibility to maintain a safe premises for all workers, maintained and checked work
progress, and participated in the scheduling of the work and inspection of the work.
5. That at all relevant times, Defendant McNealy had a duty to exercise reasonable
care in its build, planning, design, specifications, and construction of the subject “delivery station:
located in Edwardsville, Illinois.
6. Notwithstanding its duties, at said time and place, Defendant McNealy by and
through its agents, servants, and employees, was then and there guilty of one or more of the
following careless and negligent acts and/or omissions:
29 of 34
actual shelter that could provide shelter when Defendant McNealy knew that
to tornadoes;
that could provide shelter when Defendant McNealy knew thatEdwardsville,
Illinois was prone to inclement weather including but not limited to tornadoes;
shelter, shelter or “safe room” that could provide shelter when Defendant
McNealy knew that Edwardsville, Illinois was prone to inclement, severe
weather and/or tornadoes;

construction manner when Defendant McNealy knew or should have known
that this manner of construction causes walls to fall when struck with high
winds and knew that Edwardsville, Illinois was prone to inclement, severe
weather and tornadoes;

when Defendant McNealy knew that Edwardsville, Illinois was prone to
inclement, severe weather and tornadoes;

negligent acts and/or omissions of Defendant McNealy, the Plaintiff’s decedent son, DeAndre
30 of 34
Morrow, deceased, prays for judgment against Defendant, McNealy Engineering, Inc., in an
COUNT XIV: SURVIVAL ACT: NEGLIGENCE: MCNEALY ENGINEERING, INC.
1. Plaintiff re-alleges Paragraphs 1-9 of Count XIII for Paragraph 1 of Count XIV.
negligent acts and/or omissions of Defendant McNealy, the Plaintiff’s decedent son, DeAndre
from Defendant McNealy’s conduct.
ILCS 5/27-6.
DeAndre Morrow, deceased, prays for judgment against Defendant, McNealy Engineering, Inc.,
in an amount in excess of Fifty-Thousand Dollars ($50,000.00).
V.
DAMAGES
1. By reason of all of the above, Plaintiff has suffered losses and damages in a sum
within the jurisdictional limits of this court, and for which she now sues. Each of the Defendants’
acts and/or omissions, whether taken singularly or in any combination constitutes negligence and
31 of 34
negligence per se which proximately caused the incident and injuries and other losses as
specifically set forth herein, all of which DeAndre Morrow suffered and which Plaintiff will
continue to suffer in the future, if not for the remainder of her natural life.
2. As a direct and proximate result of the incident and the negligent conduct of the
Defendants, DeAndre Morrow, decedent, suffered catastrophic injuries that ultimately led to his
death. Plaintiff has suffered life-altering damages as a result of DeAndre Morrow’s death.
3. By reason of all of the above, Plaintiff has suffered losses and damages in a sum
within the jurisdictional limits of this Court for which they now sue.
a. Physical pain, in the past;
b. Mental anguish, in the past;
c. Physical impairment, in the past;
d. Wrongful death of DeAndre Morrow, deceased.
e. Lost wages in the past and loss of earning capacity in the future; and
f. Disfigurement in the past.
4. Plaintiff reserves the right to amend this pleading as discovery progresses in this
case.
VI.
JURY DEMAND
1. Plaintiff requests a trial by jury (12) on all issues.
VII.
PRAYER FOR RELIEF
WHEREFORE, PREMISES CONSIDERED, Plaintiff requests that Defendants be cited to
appear and answer, and that on final trial Plaintiff has: (1) judgment against Defendants for actual
and compensatory damages in accordance with the evidence and the law; (2) pre-judgment and
post-judgment interest as provided by law; (3) costs of court; (4) judgment in an amount in excess
32 of 34
of Fifty-Thousand Dollars ($50,000.00); and (4) such other and further relief, general and special,
to which Plaintiff may show herself justly entitled at law or in equity.
Respectfully submitted, this 19th day of April 2022.
By: /s/ Patrick King

Patrick King (IL Bar #6300213)
MillerKing LLC
2410 State St.
Alton, IL 62002
Telephone No.: 618.462.8405
Facsimile No.: 618.433.9918
Email: [email protected]
By: /s/ Benjamin O’Connor

Benjamin O’Connor (IL Bar # 6321224)
Robert C. Hilliard (pro hac vice to be filed)
Michael E. Richardson (pro hac vice to be filed)
HILLIARD MARTINEZ GONZALES LLP
719 S. Shoreline Boulevard
Corpus Christi, Texas 78401
Telephone No.: 361.882.1612
Facsimile No.361.882.3015
(Email for service of pleadings)
Attorneys for Plaintiffs
33 of 34
PLEASE SERVE:
AMAZON.COM, INC.
Through its agent for service of process:
Illinois Corporation Service Company
801 Adlai Stevenson Drive
Springfield, IL 62703
AMAZON LOGISTICS, INC.

Illinois Corporation Service Company
801 Adlai Stevenson Drive
Springfield, IL 62703
CONTEGRA CONSTRUCTION COMPANY, L.L.C.

Ronald Eric Gowin
22 Gateway Commerce Cnt W #110
Edwardsville, IL 62025
TRISTAR PROPERTIES, LLC

Mehul Shah
318 South Walnut
Cameron, MO 64429
STOCK & ASSOCIATES CONSULTING

ENGINEERS, INC.
CT Corporation System
208 South LaSalle Street, Suite 814
Chicago, IL 60604
GRAY DESIGN GROUP, INC.

CT Corporation
120 South Central Ave., Suite 400
Clayton, MO 63105
MCNEALY ENGINEERING, INC.

CT Corporation System
208 South LaSalle Street, Suite 814
Chicago, IL 60604
34 of 34

DeAndre Morrow Complaint

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***EFILED***

Case Number 2022LA000511

DEON JANUARY, as Independent )

PLAINTIFF’S ORIGINAL COMPLAINT

COMES NOW, Plaintiff Deon January, as Independent Administrator of the Estate of

LAW PLLC, against the following Defendants, AMAZON.COM, INC. (“AMAZON.COM,

INC..”), AMAZON LOGISTICS, INC. (“ALI”), CONTEGRA CONSTRUCTION COMPANY,

LLC (“CONTEGRA”), TRISTAR PROPERTIES, LLC (“TRISTAR”), STOCK & ASSOCIATES

CONSULTING ENGINEERS, INC. (“STOCK”), GRAY DESIGN GROUP, INC. (“GRAY”),

1. Plaintiff, Deon January, as Independent Administrator of the Estate of DeAndre

may be reached through the undersigned counsel.

2. Plaintiff is the duly appointed Independent Administrator of the Estate of DeAndre

3. Defendant, Amazon.com, Inc., is a Fortune 100 company headquartered in Seattle,

5. Defendant, Amazon.com, Inc., maintains, manages, and controls over 100

to customers in using these centers to store, ship, and deliver goods.

maintained a warehouse or “delivery station” known as “DLI4” located in Edwardsville, Illinois.

employees and/or agents of Defendant Amazon.com, Inc.

Defendant, Amazon.com, Inc. and ALI.

drivers and massive van fleet.

9. Namely, Amazon.com, Inc. sought to interpose a layer of supposedly

hard work and labor.

referred to as Defendant Amazon.

11. Defendant, Contegra, is headquartered in Edwardsville, Illinois and maintains

12. Defendant, Tristar, is headquartered in Missouri. Defendant, Tristar, is a developer,

of an Amazon “delivery station” known as “DLI4” located in Edwardsville, Illinois. Defendant,

develop and/or construct the subject warehouse located in Edwardsville, Illinois.

engineering specifications to build the facility in a “tilt-up” manner.

develop, and/or construct the subject warehouse located in Edwardsville, Illinois.

15. Defendant, McNealy Engineering, Inc., is a structural engineering firm based in

suit occurred in this court, pursuant to 735 ILCS 5/2-101.

and responsibility for ensuring safe operations for its employees.

aspects of DeAndre Morrow’s work and the work of his co-employees.

same condition as they were shipped to the Amazon delivery station.

an email documenting each delivery driver’s job performance to the DSPs.

Amazon, as it was legally obligated to do.

of the warehouse and caused 11-inch-thick concrete walls to fall in on themselves.

Previously, on or about November 8, 2018, Defendant Amazon ignored warnings as a result of a

the death of an employee within a similar warehouse in Bessemer, Alabama.

17. Defendant Amazon controlled, directed, and/or instructed decedent, DeAndre

severe weather updates.

be damaging winds. A few tornadoes will be possible as well.”

shelter now” tornado warning for the Edwardsville, Illinois area.

weather and/or a tornado.

caused the death of these six (6) individuals:

Plaintiff has sustained life-altering damages.

COUNT I: WRONGFUL DEATH: NEGLIGENCE: AMAZON.COM, INC.

fully set forth herein.

2. Defendant Amazon was negligent in its inaction to provide a safe work

employees in the event of a natural disaster.

maintenance, operation, supervision, and the control of the subject premises.

question and Plaintiff’s injuries:

a. Failing to warn about or abate known safety risks and hazards;

b. Failing to provide proper, safe equipment, and competent personnel;

c. Failing to design an adequate safety plan and provide adequate personnel to

d. Failing to have a basement shelter or actual shelter;

e. Failing to implement proper safety procedures in the event of an evacuation or

j. Failing to have a proper Emergency Action Plan meeting the requirements of

k. Failing to train employees and contractors how to follow an Emergency Action

m. Failing to have a proper alarm/warning in place at the subject fulfillment center

EFILED