Sanitation worker sues after falling at Pilgrim's Pride facility

Michelle Keahey, East Texas Bureau Aug. 21, 2012, 5:50am


TEXARKANA - A sanitation worker has filed suit against Pilgrim's Pride after falling through an opening and injuring his wrist at the Mount Pleasant facility.

Hector Rivera filed suit against Pilgrim's Pride Corp. on June 28 in Titus County District Court. The defendant removed the case to the Texarkana Division of the Eastern District of Texas on Aug. 9.

According to the complaint, the incident occurred on Dec. 21, 2011, while Rivera was employed by Packers Sanitation Services. Rivera was sent to work at the Pilgrim's Pride Corp. facility located in Mount Pleasant.

While working, Rivera fell in an unprotected and uncovered opening. He suffered a severe injury to his right wrist and required extensive surgery, the suit states.

The defendant is accused of negligence and negligence per se for creating a dangerous condition and for failing to warn or make safe, failing to take evasive action, failing to ensure and enforce proper safety rules and regulations, failing to abide by proper safety rules and regulations, failing to cover the opening and for failing to warn of the opening.

The plaintiff is seeking damages for physical pain and suffering, mental anguish, medical expenses, lost wages, disfigurement and physical impairment, loss of household services, interest and court costs.

Rivera is represented by Johnny N. Garza Jr. of Adame & Associates in Houston.

A jury trial is requested.

Case No. 5:12-cv-00077

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