HOUSTON — The estate of a Shear's Foods processing plant employee who suffered a fatal injury is claiming wrongful death.
Elida Lina Licerio, individually and as administrator of the Estate of Daniel Lucerio decedent and as next friend of Z.L., a minor child, and Jesus Licerio filed a complaint Jan. 24 in Harris County District Court against Waste Management Inc., Waste Management of Texas Inc., and Shearer's Food LLC doing business as Shearer's Foods Fort Worth alleging negligence, wrongful death and other claims.
According to the plaintiffs' complaint, Daniel Licerio was working at Shearer's Foods' food processing plant in Fort Worth on Dec. 16, 2021. They allege Licerio was helping a co-worker dump a large drum of processing waste into a trash compactor which Shearer's leased from Waste Management.
The plaintiffs claim Licerio accidentally fell into the compactor and tried to retrieve the drum when a Waste Management truck driver suddenly attempted to load the compactor. They further claim Licerio became pinned and suffered fatal injuries.
The plaintiffs allege the defendants' negligence for failing to provide a safe work environment, failing to perform plant operations including compactor loading in a safe manner and failing to warn of the hazard. They also allege the defendants failed to properly train and supervise their employees.
The plaintiffs seek monetary relief of more than $1 million, interest, trial by jury and all other just relief. They are represented by Steve Kherkher, Jesus Garcia, Jr., Kevin Haynes and Matt Martin of Kherkher Garcia LLP in Houston.
Harris County District Court case number 2022-04377