You are legal counsel for Derrick Deliveryguy. Derrick is an independent contractor that delivers packages for Amazon, Inc., specifically out of an Amazon warehouse located in Greene County, Missouri. The warehouse is considered a "tilt-up construction" warehouse. The method of construction is quicker and more economic to build. However, this "tilt-up construction" type of warehouse is vulnerable to collapse and leaves some roofs at risk of failure.

On December 6, 2021, the National Weather Service had issued a weather statement advising that the risk for severe thunderstorms and damaging winds in Greene County was high for that evening. Greene County is a rural county that consists primarily of flat plains. Tornados are not uncommon in the area given the flat terrain. Around 3pm later that day, a thunderstorm watch and a tornado watch were issued for the area. That watch was then upgraded to a full tornado warning when a tornado funnel had been spotted in the area. All tornado sirens in Green County were issued to alert the public to take cover. When a tornado warning is issued, general guidance states that you should immediately take cover, either in an interior bathroom or a basement.

The tornado warning and sirens were heard by the General Manager and several others at the Amazon warehouse around 6pm. Because it was the busy Christmas season, the manager of the Amazon warehouse instructed employees and others at the warehouse that he was monitoring the situation but that each employee should keep working. The manager ensured them that he would keep them safe. Minutes later, the tornado sirens went off again and many employees rushed to the warehouse's designated storm shelter area. The storm shelter area was a 5 minute walk from the package sorting area. There was no basement in the warehouse or other subsurface storm shelter. While many employees and other individuals at the warehouse made it safely to the shelter area, 6 workers were killed in the tornado, and a dozen others were injured. Some of those killed or injured were not employees of Amazon, but rather were independent contractor drivers who delivered packages on behalf of amazon. These independent contractors were on site loading their delivery vehicles. The independent contractors had never been informed of the location of the storm shelter area.

The family for Derrick Deliveryman have contacted you to pursue a claim against Amazon for the wrongful death of Derrick resulting from Amazon's negligence. You did some initial research into the statutory requirements relating to the construction of tilt-up buildings as well as requirements for storm shelters. You determine that there are no specific building requirements for tilt-up roofs or their appropriateness for various ares. Additionally, you determine that the storm shelters in Amazon's warehouse were in compliance with state and county law.

Prepare a memorandum for your senior partner outlining whether you believe Derrick has a valid claim for negligence resulting in death against Amazon. Identify any issues you see with proving each of the elements of your case. Also outline any putative defenses that Amazon may raise in its answer to your petition on behalf of Derrick.