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The widow of a Safeway employee has filed a lawsuit against the company, seeking justice for her husband who died due to COVID-19.
Norma Zuniga says that her husband Pedro worked in a distribution center at Safeway. She claims that, in March 2020, workers in the distribution center began to fall ill of the coronavirus.
Zuniga states that the employees at the distribution center were mandated to continue working not only their regular shifts, but also additional shifts and longer hours.
The lawsuit claims that by mid-March 2020, employees at the distribution center started complaining to Safeway about the dangerous working conditions and their fear of contracting the coronavirus.
She states that these complaints were met with threats of retaliatory discipline action, including the threat of accruing “points” which could lead to termination.
The plaintiff says that Pedro started experiencing symptoms of the coronavirus on April 1, 2020 and was admitted to the hospital on April 4, 2020 with symptoms that included coughing, trembling, and fever.
On April 13, 2020, Pedro died of the coronavirus, according to the Safeway lawsuit.
The lawsuit goes on to say that on April 17, 2020, a Safeway spokesman confirmed that at least 51 employees at their distribution center had contracted the coronavirus, which represented three percent of the employees at the distribution center.
“It was not until after Pedro’s death that Defendants began to change their tune with respect to safety measures at the Distribution Center – a woefully delayed move that can best be described as ‘too little, too late’,” Zuniga argues.
The modest changes included the rearranging of break rooms and the placement of one hand sanitizer stand, which was often left empty for hours, Zuniga says. She states that these changes continued to leave the employees exposed to and vulnerable to the virus.
Pedro Zuniga was a 52-year-old man, devoted to his wife and five children, and loved traveling, soccer and spending time with his grandchildren, according to the lawsuit. Pedro was employed by the defendant as a material handler for 22 years in the produce department, his wife says.
“Pedro’s death was the tragic and preventable result of Defendants’ failure to follow federal guidelines, state guidelines, and common sense in order to provide for their Distribution Center workers’ health and safety. Defendants instead prioritized their own greed over the physical health and survival of their employees,” the Safeway lawsuit goes on to state.
The Safeway lawsuit claims that the defendant had a duty to ensure that their facility operations were conducted and managed in such a way that safeguarded the well-being of their employees. In addition, the defendant also had a duty to ensure that they complied with federal and state OSHA guidelines as well as the U.S. Food and Drug Administration guidelines.
Also, the coronavirus lawsuit complains that the defendant had a duty to screen workers upon arrival at the facility each day, maintain physical distance between workers, provide PPE for workers, and create disinfectant stations throughout the distribution center.
Zuniga says that the defendant breached their duty of care by negligently failing to ensure that their facility operations were conducted and managed to ensure the safety and well-being of their employees. In addition, the plaintiff says Safeway misled employees into thinking that the use of PPE on the job was not necessary or helpful in the prevention of the transmission of the coronavirus.
“The negligence, recklessness, carelessness, and other wrongdoing of Defendants, and each of them, was a direct and proximate cause of Decedent’s injuries and ultimate death on or about April 13, 2020. The harm, injuries, and damages caused by Defendants, and each of them, including Decedent’s predeath wage loss and medical bills for treatment of COVID-19, survive the death of the Decedent,” the Safeway lawsuit asserts.
Zuniga states that because of the negligence of the defendant, she will be deprived of her husband’s love, companionship, guidance, support, future financial contributions, and other services.
She also says that she has accrued funeral, cremation and other related expenses because the defendant’s actions.
The plaintiff maintains that Safeway knew there was a chance of viral transmission and contraction of COVID-19 among workers in the distribution center.
The Safeway lawsuit says that despite this knowledge, the defendant forced employees to work even more shifts with longer hours without taking any measures to ensure safe working conditions.
The plaintiff is represented by Paul A. Matiasic and Hannah E. Mohr of The Matiasic Firm PC.
The Safeway Coronavirus Lawsuit is Norma Zuniga v. Safeway Inc., et al., Case No. HG20-062742, in the Superior Court for the State of California, County of Alameda.
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