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U.S. District Judge John M. Gerrard has dismissed a case filed by three anonymous ex-workers of Noah’s Ark Processors LLC in Hastings, Nebraska.  In Alma et al v Noah’s Ark Processors LLC. The plaintiffs were represented by the American Civil Liberties Union.

In dismissing the suit, Judge Gerrard ruled that “people directly put at risk by Noah’s Ark alleged misconduct are the people who work there now and the plaintiffs cannot assert their claims for them.”  In his ruling the Judge noted that the plaintiffs were no longer employees and are members of the local community and it would then be speculative to assign their possible risks for contracting COVID-19 to the plant.

To sustain a verdict against an employer as a result of contracting COVID, an employee must demonstrate that the infection was acquired in the plant, representing a virtual impossibility.

In January 2019 Noah’s Ark Processing was fined $182,000 by OSHA for 16 violations including routine safety procedures. The citations were issued following an accident in which a worker was burned by exposure to anhydrous ammonia.

*Alma et al v Noah’s Ark Processors LLC. 4:20-cv-03141. U.S.District Court for the District of Nebraska