SHERMAN -- Although employed as a meat cutter for Tyson, Roberto Serrano alleges his improper training caused him to slice off the tips of three fingers while cutting meat for distribution.
Claiming his employer is negligent, Serrano filed a personal injury lawsuit against Tyson Fresh Meats Inc. on Dec, 10 in the 59th Judicial District Court of Grayson County. Tyson removed the case to the federal court, Sherman Division of the Eastern District of Texas.
Serrano states that on July 7, 2009, he clocked in to begin work at the defendant's meat processing plant in Sherman. He began cutting meat and sliced off the tips of his ring, middle and pointer fingers on his left hand. The digits were cut at the base of the nail bed on each finger, the suit states.
The plaintiff argues that the defendant failed to properly train and supervise him and his co-workers to perform their work in a reasonably safe manner.
Serrano argues that Tyson Fresh Meats is negligent for failing to "devise, implement, and enforce employee workplace safety policies and procedures," failing to "adequately staff its plant such that individual employees are not severely rushed to do their work," and failing to provide a safe environment and safe machinery, tools and devices with which to work.
Serrano is seeking damages for physical pain and suffering, mental anguish, permanent impairment, physical disfigurement, medical expenses, lost wages and lost earning capacity.
The plaintiff is also seeking punitive damages, alleging that the defendant knew that the lack of proper training created an extreme degree of risk but continued with a "conscious indifference to the rights, safety, or welfare of the Plaintiff."
Jury trial requested.
Dallas attorney Aaron A. Herbert of the Rad Law Firm is representing the plaintiff.
U.S. District Judge Richard A. Schell will preside over the litigation.
Case No 4:10cv00016