On September 23, 2021, Aliitasi Mauala (“Plaintiff”), represented by Vuk S Vujasinovic of Vujasinovic & Beckcom, PLLC, filed a personal injury lawsuit against Tyson Foods, Inc. (“Defendant”), seeking damages, pre-judgment and post-judgment interest, and costs of court for the alleged injuries suffered by Plaintiff due to Tyson’s negligence and the breach of its duty to use ordinary care, which constituted a proximate cause of Plaintiff’s injuries. This case was filed in the U.S. District Court in the Eastern District of Texas.
In the complaint, Plaintiff alleged that, “Tyson operates a poultry processing plant in Grayson County located at 4700 US-75, Sherman, TX 75090.” “Ms. Mauala worked as a production supervisor for Tyson. On May 10, 2021, a machine, which had been out of service, was put back in service but the belt was scraping on the side causing shavings to drop on the floor. While working for Tyson Ms. Mauala was required to assist another employee and clean the shavings. While she was cleaning the shavings the exposed belt on the machine pulled her hand into the machine causing serious injuries.”
Plaintiff further alleged that, “Ms. Mauala had her hand stuck in the machine for an extended period of time while the maintenance crew tried to take it apart. She was then rushed to two different hospitals to have emergency procedures. She has since had multiple skin grafts and surgeries. She has suffered and will continue to suffer from pain, medical expenses, mental anguish, disfigurement, loss of enjoyment of life, lost wages, loss of earning capacity, and physical impairment.”
Plaintiff lists out two claims for relief. The first claim is for employer negligence, wherein Plaintiff alleged that, Ms. Mauala sustained severe and permanent injuries because of Tyson’s negligence and gross negligence when Tyson and/or its employees negligently failed to provide a safe workplace. Further Plaintiff alleged that Tyson failed to provide rules and regulations for the safety of employees, and to warn them, under certain conditions, as to the hazards of their positions or employment. Plaintiff alleged that Tyson failed to hire competent employees, failed to furnish reasonably safe instrumentalities with which its employees are to work, failed to supervise its employees, failed warn Ms. Mauala of the hazards of the job, and failed to follow safety regulations.
The second claim is for premises defects, wherein Plaintiff claimed that, as the property owner, Tyson owed Ms. Mauala the duty to exercise ordinary care to keep the premises in reasonably safe condition, inspect the premises to discover latent defects, and make safe any defects or give an adequate warning. Tyson failed to exercise ordinary care to reduce or eliminate the risk by failing to maintain safety standards, by failing to warn of known risks, by failing to provide a safe workplace, or by failing to use the proper methods, tools, or procedures for the work Ms. Mauala was doing to be safe.
In her prayer for relief, Plaintiff requested the court that Defendant be cited to appear and answer and that, upon the trial, Plaintiff has judgment against Defendant for her damages, pre- and post-judgment interest, costs of court, and for such other and further relief at law or in equity, to which Plaintiff may show herself justly entitled to receive.
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Pending - Other Pending
Personal Injury - Other Product Liability
Amos L. Mazzant, III
Tyson Foods, Inc.
Joseph Borden Tennant
Vuk S Vujasinovic
Zachary Thomas Mayer
Gerardo Adrian Galvan
Joseph Edward Johnson, II
Civil Cover Sheet
(#2) SUMMONS Issued as to Tyson Foods, Inc.. (mem) (Entered: 10/04/2021)
(#3) Original ANSWER to #1 Complaint, by Tyson Foods, Inc..(Mayer, Zachary) (Entered: 10/28/2021)
(#4) ORDER GOVERNING PROCEEDINGS. Rule 16 management conference set for 1/4/2022 at 2:30 PM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III. Rule 26 Meeting Joint Report due by 12/10/2021. Signed by District Judge Amos L. Mazzant, III on 11/2/2021. (baf, ) (Entered: 11/03/2021)
Docket(#4) ORDER GOVERNING PROCEEDINGS. Rule 16 management conference set for 1/4/2022 at 2:30 PM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III. Rule 26 Meeting Joint Report due by 12/10/2021. Signed by District Judge Amos L. Mazzant, III on 11/2/2021. (baf, ) (Entered: 11/03/2021)[+] Read More [-] Read Less
Docket(#3) Original ANSWER to #1 Complaint, by Tyson Foods, Inc..(Mayer, Zachary) (Entered: 10/28/2021)[+] Read More [-] Read Less
Docket(#2) SUMMONS Issued as to Tyson Foods, Inc.. (mem) (Entered: 10/04/2021)[+] Read More [-] Read Less
DocketIn accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (mcg) (Entered: 09/24/2021)[+] Read More [-] Read Less
DocketCase Assigned to District Judge Amos L. Mazzant, III. (mcg) (Entered: 09/24/2021)[+] Read More [-] Read Less
Docket(#1) COMPLAINT Plaintiff's Original Complaint against Tyson Foods, Inc. ( Filing fee $ 402 receipt number 0540-8596680.), filed by Aliitasi Maula. (Attachments: #1 Civil Cover Sheet)(Vujasinovic, Vuk) (Attachment 1 replaced on 9/23/2021 with flattened image) (mcg). (Entered: 09/23/2021)[+] Read More [-] Read Less