Case 1:22-cv-00903-NRN Document 1-1 Filed 04/14/22 USDC Colorado Page 1 of 10
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`Exhibit A
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`Case 1:22-cv-00903-NRN Document 1-1 Filed 04/14/22 USDC Colorado Page 2 of 10
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`DISTRICT COURT, CITY AND COUNTY OF WELD,
`STATE OF COLORADO
`
`Court Address: 901 9th Avenue
` Greeley, CO 80631
`_________________________________________________
`
`Plaintiffs: TIMOTHY CILA
`
`v.
`
`Defendants: JBS USA FOOD COMPANY HOLDINGS
`a/k/a JBS USA HOLDINGS, INC. a/k/a JBS USA
`PROMONTORY HOLDINGS I LLC a/k/a JBS USA
`PROMONTORY HOLDINGS II LLC
`
`Attorneys for Plaintiff:
`Sarah A. Schreiber, Esq., #37767
`Wilhite, Rose, McClure & Sawaya, PC
`1600 Ogden Street
`Denver, CO 80218
`Phone Number: (303) 839-1650
`FAX Number: (303) 565-2035
`E-mail: sschreiber@sawayalaw.com
`
`
`
`
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`DATE FILED: March 23, 2022 2:00 PM
`FILING ID: A4316418172F4
`
`CASE NUMBER: 2022CV30189
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`▲COURT USE ONLY▲
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`Case Number:
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`Div.: Ctrm:
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`COMPLAINT AND JURY DEMAND
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`
`
`
`Plaintiff, TIMOTHY CILA (hereinafter “Plaintiff”) by and through his attorneys, The
`Sawaya Law Firm, files his Complaint and Jury Demand against JBS USA FOOD COMPANY
`HOLDINGS a/k/a JBS USA HOLDINGS, INC. a/k/a JBS USA PROMONTORY
`HOLDINGS I LLC a/k/a JBS USA PROMONTORY HOLDINGS II LLC (hereinafter
`“Defendant JBS”), collectively (“Defendants”) and states as follows:
`
`
`PARTIES, JURISDICTION, AND VENUE
`
`
`On or about March 27, 2020, the date of the incident complained of, Plaintiff was a
`resident of Weld County, State of Colorado.
`
`Defendant JBS has a principal office street at 1770 Promontory Circle, Greeley, CO
`80634, and its registered agent is through the Corporation Service Company located at
`1900 W. Littleton Boulevard, Littleton, CO 80120.
`
`The Incident giving rise to this action occurred on or around March 27, 2020 at the JBS
`meat packing plant located in the city of Greeley, in Weld County, Colorado.
`
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`1
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`1.
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`2.
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`3.
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`Case 1:22-cv-00903-NRN Document 1-1 Filed 04/14/22 USDC Colorado Page 3 of 10
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`Jurisdiction and venue are proper in this action pursuant to C.R.C.P. 98(c) as the tort
`occurred in Weld County.
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`4.
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`GENERAL ALLEGATIONS
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`5.
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`6.
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`7.
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`9.
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`11.
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`Plaintiff incorporates and realleges the allegations contained in paragraphs 1 through 4 as
`if fully set forth herein.
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`On or about March 27, 2020, Plaintiff was employed by AgTac as a security guard
`working at the JBS meat packing plant in Greeley, Colorado.
`
`Upon information and belief, Plaintiff was hired by AgTac on or around September 13,
`2016 and was assigned to work at the JBS meat packing plant located at 800 N. 8th
`Avenue, Greeley, CO 80631 on or about September 13, 2016 in the capacity of a security
`guard.
`
`Plaintiff worked Wednesday through Friday every week at JBS from approximately
`6:00am through 2:00pm.
`
`As part of his job duties, and not meant to be all inclusive, Plaintiff checked badges and
`bas when people came to work, inspected employee’s bags randomly coming into the
`plant and all employee’s bags when going home, and he was to inspect every bag, lunch
`box, etc. for equipment and for stolen beef for the day during shift change beginning
`around 1:00pm.
`
`10. While working on March 27, 2020, a little before 2:00pm, Plaintiff encountered two
`Spanish speaking female JBS employees who were presenting letters from their doctors
`stating that they should quarantine at home for 14 days due to having Covid-19.
`
`Upon information and belief, the two ladies were new employees and did not stay home
`following their doctors’ notes as they wanted to turn in their notes directly to human
`resources.
`
`These two ladies with Covid-19 were not wearing masks or gloves, despite Covid-19
`being a grave health concern as of early March 2020.
`
`Upon information and belief, these two ladies interacted with Plaintiff while they were
`improperly on the premises, and as a result, Plaintiff contracted Covid-19.
`
`Defendant JBS was negligent in many aspects with respect to Plaintiff contracting Covid-
`19 on its premises.
`
`Defendant JBS had a duty to ensure that its employees were properly adhering to the
`CDC’s warnings and requirements with respect to Covid-19 in March 2020.
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`12.
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`13.
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`14.
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`15.
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`16.
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`22.
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`Defendant JBS had a duty to protect against known dangers on its property, including its
`employees who were infected with Covid-19 from coming to work, and failing to wear
`masks.
`
`There are a number of preventative measures that can be taken to limit or completely
`eliminate the spread of COVID-19. Preventive measures to reduce the chances of
`infection include wearing a mask in public, avoiding crowded places, keeping distance
`from others, ventilating indoor spaces, managing potential exposure durations, washing
`hands with soap and water often and for at least twenty seconds, practicing good
`respiratory hygiene, and avoiding touching the eyes, nose, or mouth with unwashed
`hands.1 This information was public, widely known, and notorious to any person in the
`United States at the time of the incident.
`
`Defendant JBS’ employees were not wearing a mask when they came to work on March
`27, 2020, did not properly keep distance from Plaintiff, and there were no proper barriers
`in place to limit the two employees’ with Covid-19 from spreading their germs to
`Plaintiff at the security location.
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`Furthermore, Defendant JBS had a responsibility to provide proper protective gear to its
`employees, and ensure the safety of those on its premises, including proper masks,
`barriers, and/or other basic safety precautions to limit the transmission of Covid-19.
`
`Defendant JBS owed a duty to exercise reasonable care to protect Plaintiff against
`dangers of known, anticipated, or potential risks that would be known in the exercise of
`reasonable care including protecting against basic exposure to Covid-19 from infected
`employees.
`
`Defendant unreasonably failed to exercise care in protecting everyone in the JBS meat
`packing plant from the dangers of being infected by Covid-19.
`
`Plaintiff was wearing a face mask and gloves at the time of his interaction with the two
`JBS employees.
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`Yet, Plaintiff contracted Covid-19 after this interaction on or about March 29, 2020 or
`March 30, 2020, and was hospitalized for 35 days as a result, and almost lost his life. He
`also had significant health problems during and after the 35-day hospitalization and was
`required to engage in rehabilitation and had to leave his employment due to his health
`and dangers of Covid-19 at the JBS meat packing plant.
`
`Plaintiff was not comparatively at fault in causing his own injuries, damages, or losses.
`
`As a direct and proximate result of the Incident described above, Plaintiff incurred in the
`past, and will continue to incur into the future, medical and other health care and
`
`
`1 "Recommendation Regarding the Use of Cloth Face Coverings, Especially in Areas of Significant Community
`Based Transmission". U.S. Centers for Disease Control and Prevention (CDC). 28 June 2020.
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`26.
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`27.
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`rehabilitation expenses related to injuries, past and future loss of earnings, loss of earning
`capacity, and loss of time.
`
`As a direct and proximate result of the collision described above, Plaintiff incurred non-
`economic damages including, but not limited to, pain and suffering, inconvenience,
`emotional distress, and impairment to quality of life.
`
`As a direct and proximate result of the collision described above, Plaintiff suffers from
`lasting physical impairment.
`
`FIRST CAUSE OF ACTION
`(Negligence Against Defendant JBS)
`
`The allegations contained in paragraphs 1 through 27 above are incorporated herein by
`reference as if now set forth verbatim.
`
`Defendant JBS owed Plaintiff a duty to exercise reasonable care in its operation of the
`JBS meat packing plant with respect to Covid-19.
`
`Defendant failed to protect Plaintiff from exposure to Covid-19 by taking reasonable
`safety precautions while knowing that Covid-19 exposure was dangerous, and highly
`transmissible.
`
`Defendant JBS breached the duty owed to exercise reasonable care by negligently and
`carelessly acting in the following respects:
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`a. Failing to put proper safety protocols in place with respect to requiring and
`ensuring that its employees wore appropriate masks;
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`b. Failing to put proper safety protocols in place with respect to requiring and
`ensuring that its employees wore appropriate gloves;
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`c. Failing to proper safety protocols in place with respect to erecting or placing
`barriers of any nature between its employees and the security guards;
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`d. Failing to properly train and/or supervise its employees with respect to
`wearing masks, gloves, and/or utilizing other protective gear when entering
`the JBS meat packing plant;
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`e. Failing to properly train and/or supervise its employees with respect to
`procedures when an employee tests positive with Covid-19 and instructing
`them not to enter the JBS meat packing plant at all once receiving a positive
`test result;
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`f. Failing to place signage and warnings in appropriate areas of the JBS meat
`packing plant to warn of requirements of wearing protective equipment due to
`the highly transmissible nature of Covid-19;
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`Case 1:22-cv-00903-NRN Document 1-1 Filed 04/14/22 USDC Colorado Page 6 of 10
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`g. Failing to ensure proper protocols or measures to protect visitors, guests,
`employees, and/or other workers entering the JBS meat packing plant to limit
`exposure of individuals with Covid-19;
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`h. Other failures with respect to general safety precautions available to
`Defendant JBS, but not in place by March 27, 2020.
`
`
`It was foreseeable to Defendant that individuals such as Plaintiff would be injured as a
`result of employees of JBS entering the facility without proper safety equipment.
`
`It was foreseeable to Defendant that individuals such as Plaintiff would be injured as a
`result of employees of JBS entering the facility with Covid-19 and not being required to
`be pre-screened or screened outside of the facility of itself before entering the enclosed
`facility.
`
`As a direct and proximate result of the Incident described above, Plaintiff incurred in the
`past, and will continue to incur into the future, medical and other health care and
`rehabilitation expenses related to injuries, past and future loss of earnings, loss of earning
`capacity, and loss of time.
`
`As a direct and proximate result of the collision described above, Plaintiff incurred non-
`economic damages including, but not limited to, pain and suffering, inconvenience,
`emotional distress, and impairment to quality of life.
`
`As a direct and proximate result of the collision described above, Plaintiff suffers from
`lasting physical impairment.
`
`SECOND CAUSE OF ACTION
`(Negligence Per Se Against Defendant JBS)
`
`The allegations contained in paragraphs 1 through 36 above are incorporated herein by
`reference as if now set forth verbatim.
`
`The aforementioned acts of negligence were in violation of the applicable statutes and
`ordinances of the State of Colorado including, but not limited to: OSHA regulations,
`including but not limited to 29 CFR Part 1904 (record keeping), 29 CFR 1910 (PPE), 29
`USC 654(a)(1) regarding furnishing a place of employment free of recognized hazards
`that are causing or likely to cause death or serious physical harm, 29 CFR 1910.1030
`(regarding respiratory/airborne secretions).
`
`The aforementioned statutes, ordinances and codes were enacted to protect persons such
`as Plaintiff from harm and injury of the type inflicted upon him. As such, the conduct of
`Defendant JBS in violating said statutes, ordinances and codes constitutes negligence per
`se.
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`As a direct and proximate result of the collision described above, Plaintiff incurred in the
`past, and will continue to incur into the future, medical and other health care and
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`5
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`32.
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`Case 1:22-cv-00903-NRN Document 1-1 Filed 04/14/22 USDC Colorado Page 7 of 10
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`rehabilitation expenses related to injuries, past and future loss of earnings, loss of earning
`capacity, and loss of time.
`
`As a direct and proximate result of the collision described above, Plaintiff incurred non-
`economic damages including, but not limited to, pain and suffering, inconvenience,
`emotional distress, and impairment to quality of life.
`
`As a direct and proximate result of the collision described above, Plaintiff suffers from
`lasting physical impairment.
`
`THIRD CLAIM FOR RELIEF
`(Premises Liability Against Defendant JBS)
`
`Plaintiff incorporates herein by this reference the allegations set forth with specificity in
`paragraphs 1 through 42 of this Complaint as if set forth verbatim.
`
`At the time of the Incident, Defendant JBS was a landowner pursuant to the Colorado
`premises liability act, C.R.S. 13-21-115.
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`At the time of this Incident, Plaintiff was lawfully on the property and was an invitee
`defined under C.R.S. § 13-21-115.
`
`At the time of the Incident, Defendant JBS owed Plaintiff a duty to exercise reasonable
`care in the general safety of their property, including restricting positive Covid-19
`workers from entering the premises in an enclosed, non-ventilated place, without proper
`safety equipment.
`
`Defendant JBS owed Plaintiff a duty to exercise reasonable care in providing reasonable
`safety warnings and resources for Plaintiff, to protect him from exposure to JBS’ employees
`who were positive for Covid-19.
`
`Defendant JBS knew, or should have known, that it did not have proper or reasonable safety
`precautions in place to restrict employees who were positive with Covid-19 from entering
`the premises.
`
`Defendant knew or should have known that their failures to limits employees positive with
`Covid-19 into its facility constituted a dangerous condition.
`
`Defendant knew, or should have known, that not restricting their employees and ensuring
`they were wearing proper safety gear before entering the facility, created a dangerous
`condition.
`
`Defendant knew that Covid-19 was highly transmissible, and dangerous, to the general
`public, and also its own employees, visitors, contractors, and/or other individuals in its
`facility by March 27, 2020.
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`41.
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`42.
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`Case 1:22-cv-00903-NRN Document 1-1 Filed 04/14/22 USDC Colorado Page 8 of 10
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`52.
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`53.
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`55.
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`57.
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`Defendants failed to comply with their duties to the Plaintiffs in the following respect,
`including, but not limited to:
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`a. Unreasonable failure to warn invitees of the dangerous and hazardous conditions on
`the property of which they knew or reasonably should have known;
`b. Unreasonable failure to exercise reasonable care with respect to the condition of the
`Property, including dangers on the Property, of which Defendant knew or should have
`known;
`c. Failure to properly train employees/agents in appropriate and reasonable safety
`measures with respect to the dangerous condition it created and knew about, or with
`the exercise of reasonable care, should have known about;
`d. Failure to exercise reasonable care to prevent dangerous conditions on the Property
`where individuals would be expected to be, including but not limited to, when
`entering the facility, and interactions with security;
`e. Failure to have in place procedures to protect the individuals from dangers and
`hazards arising from the condition created on the Property;
`f. Failure to have Covid-19 safety standards and procedures as know from the CDC
`and/or OSHA and/or other codes and regulations
`g. Failure to have safety procedures and equipment, carriers, and available protective
`gear in place, and available in safe locations of ingress and egress.
`h. Other failures with respect to general safety precautions available to Defendant JBS,
`but not in place by March 27, 2020.
`
`As a direct and proximate result of the Incident described above, Plaintiff incurred in the
`past, and will continue to incur into the future, medical and other health care and
`rehabilitation expenses related to injuries, past and future loss of earnings, loss of earning
`capacity, and loss of time.
`
`As a direct and proximate result of the collision described above, Plaintiff incurred non-
`economic damages including, but not limited to, pain and suffering, inconvenience,
`emotional distress, and impairment to quality of life.
`
`As a direct and proximate result of the collision described above, Plaintiff suffers from
`lasting physical impairment.
`
`FOURTH CLAIM FOR RELIEF
`(Negligent Training and Supervision Against Defendant JBS)
`
`Plaintiff incorporates herein by this reference the allegations set forth with specificity in
`paragraphs 1 through 55 of this Complaint as if set forth verbatim.
`
`Defendant JBS was careless and negligent in its business practices and operating
`methods, which negligence includes but is not limited to: negligent training; negligent
`supervision; failure to comply with all applicable statutes, rules and regulations; and
`failure to ensure employees' compliance with all applicable statutes, rules and
`regulations.
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`7
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`Case 1:22-cv-00903-NRN Document 1-1 Filed 04/14/22 USDC Colorado Page 9 of 10
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`Defendant JBS’s negligence includes but is not limited to:
`
`a. Failure to properly train and supervise its employees with respect to Covid-19 safety
`precautions such as wearing protective gear including masks and gloves at all times in
`the facility;
`b. Not entering the facility once a positive Covid-19 test result was obtained;
`c. Proper procedures for reporting Covid-19 exposure and positive tests without coming
`into the JBS facility directly;
`d. Failure to adequately and properly review the CDC, OSHA, and state and local
`Colorado Health Orders and requirements to ensure safety at the JBS facility;
`e. Failure to
`
`Defendant JBS knew or should have known that its failure to take reasonable safety
`precautions, failure to properly train its employees, failure to properly supervise its
`employees was likely to harm others in view of the lack of precautions taken by March
`27, 2020 and following that date as numerous of workers were infected with Covid-19
`and deaths occurred.
`
`Defendant JBS was negligent in its supervision of the two female Spanish speaking
`employees who entered the premises without masks or gloves on or around March 27,
`2020.
`
`Defendant JBS was negligent in training its two female Spanish speaking employees who
`entered the premises without masks or gloves on or around March 27, 2020 and
`approaching Plaintiff with doctors’ notes indicating one or both were positive for Covid-
`19.
`
`Defendant JBS was negligent in training and/or supervising its employees to take proper
`precautions when dealing with positive Covid-19 individuals at the facility in March
`2020 and after.
`
`As a direct and proximate result of the Incident described above, Plaintiff incurred in the
`past, and will continue to incur into the future, medical and other health care and
`rehabilitation expenses related to injuries, past and future loss of earnings, loss of earning
`capacity, and loss of time.
`
`As a direct and proximate result of the collision described above, Plaintiff incurred non-
`economic damages including, but not limited to, pain and suffering, inconvenience,
`emotional distress, and impairment to quality of life.
`
`As a direct and proximate result of the collision described above, Plaintiff suffers from
`lasting physical impairment.
`
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`8
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`58.
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`59.
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`60.
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`Case 1:22-cv-00903-NRN Document 1-1 Filed 04/14/22 USDC Colorado Page 10 of 10
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`WHEREFORE, Plaintiff requests that judgment be entered in favor of Plaintiff and
`against the Defendant, in an amount to fairly compensate him for the injuries as set forth herein,
`including but not limited to, court costs, attorney fees, expert witness fees, pre and post judgment
`interest, statutory interest from the date this cause of action accrued or as otherwise permitted
`under Colorado law and for such other and further relief as this Court deems just and proper and
`/ or Plaintiff prays for the following relief:
`
`
`(a)
`
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`(b)
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`(c)
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`(d)
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`(e)
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`(f)
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`For an amount which will reasonably compensate Plaintiff for past,
`present, and future economic loss;
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`For an amount which will reasonably compensate Plaintiff for medical
`expenses, past and future;
`
`For an amount which will reasonably compensate Plaintiff for permanent
`limitation, injuries, and/or disfigurement, limitations and or disabilities of
`the body and/or mind;
`
`For an amount which will reasonably compensate Plaintiff for pain and
`suffering, past and future;
`
`For an amount which will reasonably compensate Plaintiff for loss of
`enjoyment of life and / or the capacity of life;
`
`For pre and post judgment interest as provided by Statute from the date of
`each collision which forms the bases of the complaint to the date of
`verdict or judgment, compounded as allowed by law, and including pre
`and post judgment interest, and for costs and fees incurred in the
`prosecution of the matter and for any other and further relief as the Court
`may deem just and proper.
`
`A TRIAL TO A JURY OF AT LEAST SIX (6) PERSONS IS DEMANDED.
`
`Respectfully submitted this 23rd day of March, 2022.
`
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`THE SAWAYA LAW FIRM
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`/s/ Sarah A. Schreiber
`Sarah A. Schreiber, Esq.
`Attorney for Plaintiff
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`Plaintiff’s Address:
`2730 28th Avenue, Apt 22
`Greeley, CO 80634
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`9
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