Lawsuit Against JBS for Failing to Implement Proper COVID-19 Safeguards Lands in Federal Court

On Thursday, meatpacking giant JBS USA Food Company Holdings removed a personal injury lawsuit, filed by an employee, to the District of Colorado.

According to the complaint, the plaintiff is a Colorado resident and has been employed by AgTac to work as a security guard at the JBS meat packing plant in Greenley, Colorado since September 13, 2016. He states that his job duties included checking badges and bags as employees and other individuals entered the JBS plant.

The complaint alleges that on March 27, 2020, two JBS employees encountered the plaintiff attempting to enter the plant in order to provide the human resources department with doctors’ notes stating they should quarantine for 14 days for having COVID-19. The plaintiff states that these employees were not wearing masks or gloves or otherwise adhering to CDC guidelines surrounding the virus. 

The complaint states that two to three days following the interaction, the plaintiff contracted the disease himself and was hospitalized for 35 days. He states that he has suffered significant health problems during and after his hospitalization, was required to engage in rehabilitation and leave his employment.

The plaintiff argues that he contracted COVID-19 and suffered the subsequent harm, due to JBS’ failure to exercise reasonable care to protect its employees. The plaintiff argues that JBS was negligent in implementing reasonable safeguards to protect employees such as providing to and requiring its employees to wear protective gear such as masks. 

As a result, the plaintiff seeks compensation for past, present and future economic loss, medical expenses, pain and suffering and loss of enjoyment of life along with pre- and post-judgement interest, for the plaintiffs alleged negligence, negligence per se, violation of the Colorado Premises Liability Act and negligent training and supervision. 

The plaintiff is represented by Wilhite, Rose, McClure & Sawaya, PC