On September 24, 2021, Ramon Walker (“Plaintiff”), represented by Vuk S. Vujasinovic of Vujasinovic & Beckcom, PLLC, filed a product liability lawsuit against Tyson Foods, Inc. (“Defendant”), seeking damages and cost of the court along with prejudgment and post-judgement interest among other relief for the alleged negligence of the Defendant that caused injuries to Plaintiff. This case was filed in the United States District Court in the Eastern District of Texas.
In the complaint, the plaintiff alleged that, “Tyson operates a poultry processing plant in Grayson County” and “Mr. Walker was an employee of Tyson. On April 9, 2021, as he was walking through the factory a metal pipe, weighing 2-3 pounds, fell approximately 35 feet and hit him on the head. Mr. Walker immediately reported this to the Tyson nurse who gave him Tylenol and sent him home. When Mr. Walker returned to work the next day he felt dizzy and was sent home again. On the third day he was diagnosed with a concussion. He has since been diagnosed with a neck injury and has continuing pain.”
The plaintiff also alleged that, “Tyson failed to provide a safe workplace and that failure has resulted in Mr. Walker suffering from pain, mental anguish, disfigurement, loss of enjoyment of life, lost wages, loss of earning capacity, and physical impairment” and “Tyson was not a subscriber to workers compensation insurance, and thus Plaintiff brings this suit for damages under the provisions of Section 406.033 of the Texas Labor Code for personal injuries while in the course and scope of his employment with Defendant.”
The plaintiff further alleged that, “Tyson owed Mr. Walker a duty of care commensurate with its relationship to him as his employer. As his employer, Tyson owed Mr. Walker continuous, non-delegable duties to use ordinary care in providing a safe workplace, hiring competent co-employees, providing needed safety equipment or assistance, warning Mr. Walker of the hazards of his employment, providing safety regulations, and providing training and supervision.” The Plaintiff also alleged that, “As the property owner, Tyson owed Mr. Walker 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.”
There are two claims of relief laid down by the plaintiff. The first claim is for the alleged employer negligence as Mr. Walker sustained severe and permanent injuries because of Tyson’s negligence and gross negligence. The second claim is for the alleged premises defect as Tyson allegedly knew or should have known that the conditions on its premises created an unreasonable risk of harm to invitees.
In its prayer for relief, the plaintiff requested the court for damages and exemplary damages along with pre- and post-judgment interest, costs of court, and for such other and further relief at law or in equity, to which the plaintiff may show himself justly entitled to receive.
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Pending - Other Pending
Houston, TX 77057
Tyson Foods, Inc.
Vuk S Vujasinovic
Attorney at Vujasinovic & Beckcom, PLLC
6363 Woodway, Suite 400
Houston, TX 77057
Civil Cover Sheet
(#1) COMPLAINT Plaintiff's Original Complaint against Tyson Foods, Inc. ( Filing fee $ 402 receipt number 0540-8598574.), filed by Ramon Walker. (Attachments: #1 Civil Cover Sheet)(Vujasinovic, Vuk) (Entered: 09/24/2021)
Docket(#1) COMPLAINT Plaintiff's Original Complaint against Tyson Foods, Inc. ( Filing fee $ 402 receipt number 0540-8598574.), filed by Ramon Walker. (Attachments: #1 Civil Cover Sheet)(Vujasinovic, Vuk) (Entered: 09/24/2021)Read MoreRead Less
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