A Panola County couple has sued a major food company, alleging injuries the wife suffered on the job.
Kimberly D. and Joshua D. Gray filed a lawsuit April 23 in the Marshall Division of the Eastern District of Texas against Tyson Foods Inc. and Tyson Poultry Inc.
According to the complaint, on April 23, 2013, Kimberly Gray, who worked as a processing supervisor for Tyson Foods Inc. at its Carthage plant., was ordered to stay in the "cut-up room to manage, supervise and/or assist a skeletal group of 'foreign' workers that were re-assigned from elsewhere within the plant."
The suit says Kimberley Gray learned one worker had incorrectly placed a chicken on every shackle along an overhead conveyor "against the verbal instructions she had given to the worker. Based on prior experience, Gray knew that a chicken and/or chicken parts on every single shackle could, and in all likelihood would cause, the line to clog and/or shut down."
The suit says Gray started removing every other chicken from the shackles and, in the process, "the weight of one of the chickens pulled her left arm down and into a spinning cutting blade that had not been properly guarded."
The plaintiff alleges employer negligence caused serious and permanent injury to her left shoulder, neck, body and upper left arm. Her husband cites lack of consortium.
The Grays seek damages for past and future pain and suffering, past and future medical expenses, past and future physical impairment for Kimberley Gray and past and future lost earnings and other damages for Joshua Gray.
They are represented by attorneys C.D. "Chuck" Cowan of the Law Offices of C.D. Cowan in Tyler, and William S. Hommel Jr. of Hommel Law Firm in Tyler.
Marshall Division of the Eastern District of Texas, case number: 2:15-cv-00540.