Edilma Ramirez, mother of 16-year-old Duvan Perez, has filed a wrongful death lawsuit against Mar-Jac Poultry and Onin Staffing following the death of her son. The lawsuit was filed in the Circuit Court of Forrest County, MS. alleging that the company was negligent in maintaining acceptable safety precautions to prevent death and injury of workers. The other issue relates to the employment of Perez, a minor, who was placed by the staffing contractor with false documentation, claiming that the minor decedent was 32 years of age. With respect to both allegations neither Mar-Jac nor Onin could present a credible defense for what is clearly res ipso loquitur. Negotiation and checkbook time!
It is a matter of record that the Department of Labor, Occupational Safety and Health Administration sanctioned Mar-Jac following the investigation of the accident. Previously, a worker at the same Mar-Jac plant was killed in a similar incident involving activation of equipment during cleaning. Both accidents can be attributed to deficiencies in training and supervision including failure to actively implement tag-out procedures to prevent accidental activation of dangerous mechanical equipment.