Tyson Foods has filed for dismissal of a lawsuit in the U.S. Eastern District of Texas. At issue is the demise of a worker in the Shelby County, TX plant operated by Tyson Foods who passed on April 17th.
Plaintiffs maintain that "Tyson Foods failed to protect its employees from the known dangers associated with the coronavirus and as a result of the defendant's failure to use ordinary care the decedent was infected with coronavirus at work".
Tyson Foods maintains that the plaintiffs have not advanced any evidence that the infection was acquired in the workplace. Tyson Foods also point to the Presidential Executive Order designating packing plants as essential infrastructure and absolving tem of liability subject to conforming to CDC guidelines.
Congress is currently debating broad indemnity for employers in a COVID-19 relief package. This would protect against frivolous lawsuits relating to COVID-19. Indemnity will not however apply to circumstances in which plaintiffs can demonstrate willful neglect.
Irrespective of the ruling in this case, additional lawsuits have and will be filed in various jurisdictions due to the extensive prevalence of COVID-19 with specific reference to red meat packing plants and some poultry processing facilities.