`HUS HARI BULJIC INDIVIDUALLY AND AS
`ADMINISTRATOR OF THE ESTATE OF SEDIKA
`BULJIC, HONARIO GARCIA INDIVIDUALLY AND
`AS ADMINISTRATOR OF THE ESTATE OF
`REBERIANO LENO GARCIA, AND ARTURO DE
`JESUS HERNANDEZ AND MIGUEL ANGEL
`HERNANDEZ AS CO-ADMINISTRATORS OF THE
`ESTATE OF JOSE AYALA,
`
`
`
` V.
`
`TYSON FOODS, INC., TYSON FRESH MEATS,
`INC., JOHN H. TYSON, NOEL W. WHITE, DEAN
`BANKS, STEPHEN R. STOUFFER, TOM
`BROWER, TOM HART, CODY BRUSTKERN,
`JOHN CASEY, AND BRET TAPKEN.
`
`
`
`
`
`
`
`
`
`PLAINTIFFS,
`
`DEFENDANTS.
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF IOWA
`EASTERN DIVISION
`
`
`
`
`
`
`
`
`
`
`
`
`
`Case No. 6:20-cv-02055
`
`
`
`
`
`FIRST AMENDED COMPLAINT
`
`
`
`INTRODUCTION
`This case arises from Tyson Foods’ fraudulent misrepresentations, gross
`
`1.
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`negligence, and incorrigible, willful and wanton disregard for worker safety at its pork
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`processing facility in Waterloo, Iowa (the “Waterloo Facility”). Despite an uncontrolled
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`COVID-19 outbreak, Tyson required its employees to work long hours in cramped conditions.
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`Moreover, despite the danger of COVID-19, Tyson failed to provide appropriate personal
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`protective equipment and failed to implement sufficient social distancing or safety measures to
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`protect workers from the outbreak. As a result, Sedika Buljic, Reberiano Garcia, Jose Ayala, and
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`more than 1,000 other Tyson employees were infected with COVID-19 at the Waterloo Facility.
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`
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`Case 6:20-cv-02055-LRR-KEM Document 40 Filed 11/18/20 Page 1 of 32
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`
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`
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`Plaintiffs
`2.
`
`Plaintiff Hus Hari Buljic is the duly appointed Administrator of the Estate of his
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`PARTIES
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`deceased wife, Sedika Buljic.
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`3.
`
`At all relevant times, Sedika Buljic was a Tyson Foods employee working at the
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`Waterloo Facility. She died on April 18, 2020 from complications of COVID-19.
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`4.
`
`Hus Hari Buljic’s injuries arose out of and in the course of Sedika Buljic’s
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`employment with Tyson Foods.
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`5.
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`Plaintiff Honario Garcia is the duly appointed Administrator of the Estate of his
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`deceased father, Reberiano Garcia.
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`6.
`
`At all relevant times, Reberiano Garcia was a Tyson Foods employee working at
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`the Waterloo Facility. He died on April 23, 2020 from complications of COVID-19.
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`7.
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`Honario Garcia’s injuries arose out of and in the course of Reberiano Garcia’s
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`employment with Tyson Foods.
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`8.
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`Plaintiffs Arturo de Jesus Hernandez and Miguel Angel Hernandez are the duly
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`appointed Co-Administrators of the Estate of their deceased brother, Jose Ayala.
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`9.
`
`At all relevant times, Jose Ayala was a Tyson Foods employee working at the
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`Waterloo Facility. He died on May 25, 2020 from complications of COVID-19.
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`10.
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`Arturo de Jesus Hernandez and Miguel Angel Hernandez’s injuries arose out of
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`and in the course of Jose Ayala’s employment with Tyson Foods.
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`Defendant Tyson Foods
`11.
`Defendant Tyson Foods, Inc. is the largest meat processor in the United States.
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`12.
`
`Tyson Foods, Inc. is a Delaware Corporation, with its principal place of business
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`in Springdale, Arkansas.
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`
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`FIRST AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL — PAGE 2 OF 32
`Case 6:20-cv-02055-LRR-KEM Document 40 Filed 11/18/20 Page 2 of 32
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`13.
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`As a corporation, Tyson Foods, Inc. can act only through its agents, including its
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`employees, officers, and directors.
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`14.
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`Tyson Foods, Inc. is vicariously liable for its agents’ acts and omissions within
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`the course and scope of their agency.
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`15.
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`Defendant Tyson Fresh Meats, Inc. is a Delaware Corporation, with its principal
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`place of business in Springdale, Arkansas.
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`16.
`
`As a corporation, Tyson Fresh Meats can act only through its agents, including its
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`employees, officers, and directors.
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`17.
`
`Tyson Fresh Meats is vicariously liable for its agents’ acts and omissions within
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`the course and scope of their agency.
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`18.
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`Tyson Fresh Meats is a wholly owned subsidiary of Tyson Foods, Inc.
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`(collectively “Tyson Foods” or “Tyson”).
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`Executive Defendants
`19.
`Defendant John H. Tyson is the Chairman of Tyson Foods, Inc.
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`Defendant Noel W. White is the Chief Executive Officer of Tyson Foods, Inc.
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`Defendant Dean Banks is the President of Tyson Foods, Inc.
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`Defendant Stephen R. Stouffer is the President of Tyson Fresh Meats, Inc.
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`Defendant Tom Brower is Senior Vice President of Health and Safety for Tyson
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`20.
`
`21.
`
`22.
`
`23.
`
`Foods, Inc.
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`24.
`
`Hereinafter John H. Tyson, Noel W. White, Dean Banks, Stephen R. Stouffer, and
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`Tom Brower, will be collectively referred to as the “Executive Defendants.”
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`Supervisory Defendants
`25.
`Defendant Tom Hart is the plant manager of the Tyson Waterloo Facility. He is
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`required to be familiar with all aspects of the Waterloo Facility and to identify potential safety
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`
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`FIRST AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL — PAGE 3 OF 32
`Case 6:20-cv-02055-LRR-KEM Document 40 Filed 11/18/20 Page 3 of 32
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`
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`hazards.
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`26.
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`Defendant Bret Tapken is the Safety Lead of the Tyson Waterloo Facility. He is
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`required to be familiar with all aspects of the Waterloo Facility and to identify potential safety
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`hazards.
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`27.
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`Defendants Cody Brustkern and John Casey hold upper-level management
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`positions at the Tyson Waterloo Facility.
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`28.
`
`Hereinafter Tom Hart, Bret Tapken, Cody Brustkern, and John Casey will be
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`collectively referred to as the “Supervisory Defendants.”
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`29.
`
`The Supervisory Defendants are required to be familiar with all aspects of the
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`Waterloo Facility and to identify potential safety hazards.
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`JURISDICTION AND VENUE
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`30.
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`This Court has jurisdiction over the Defendants because the acts and omissions
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`giving rise to the Plaintiffs’ claims occurred in Black Hawk County, Iowa.1
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`31.
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`Plaintiffs certify, pursuant to IA Code § 619.18, that this action meets applicable
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`jurisdictional requirements for amount in controversy.
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`32.
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`Venue is proper under IA Code § 616.18 because the Plaintiffs sustained injuries
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`and damages in Black Hawk County.
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`FACTS COMMON TO ALL CAUSES OF ACTION
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`The Pandemic
`33.
`COVID-19 is an infectious respiratory disease caused by a novel coronavirus
`
`(hereinafter “COVID-19” or “the virus”).
`
`34.
`
`COVID-19 is highly contagious.
`
`
`1 Plaintiffs filed this action in the District Court for Black Hawk County, Iowa and Defendants improperly removed
`to Federal Court. This case should be remanded for lack of subject matter jurisdiction.
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`
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`FIRST AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL — PAGE 4 OF 32
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`35.
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`COVID-19 can result in serious, long-term health complications and has resulted
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`in more than 230,000 reported deaths in the United States to date.
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`36.
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`Among these serious health complications, COVID-19 can cause inflammation in
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`the lungs, clogging the air sacs in the lungs, limiting the body’s oxygen supply and blood clots,
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`organ failure, liver damage, intestinal damage, heart inflammation, neurological malfunction,
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`and acute kidney disease.
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`37.
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`The virus primarily spreads from person to person through respiratory droplets
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`produced when an infected person coughs or sneezes.
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`38.
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`Spread is more likely when people are in close contact with one another (i.e.,
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`within 6 feet).
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`39.
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`The virus can be spread by people who are asymptomatic, pre-symptomatic, or
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`mildly symptomatic.
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`40.
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`Distinctive factors that affect workers’ risk for exposure to COVID-19 in meat
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`processing facilities include distance between workers, duration of contact and type of contact
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`between workers.
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`41.
`
`The best way to prevent infection and illness is to avoid being exposed to the
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`virus.
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`42.
`
`The first known COVID-19 outbreak occurred in Wuhan, Hubei province,
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`People’s Republic of China (“China”).
`
`43.
`
`Tyson Foods has extensive operations and business interests in China, and one of
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`its subsidiaries operates a facility in Hubei province.
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`
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`FIRST AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL — PAGE 5 OF 32
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`44.
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`Tyson Foods has been focused on COVID-19 since January 2020 when it formed
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`a “company coronavirus task force.” Tyson formed this task force after observing the impact of
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`COVID-19 on its China operations.
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`45.
`
`In January, nearly all of Tyson’s operations in China were affected by the
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`COVID-19 outbreak. By February, Tyson halted operations at some facilities in China and
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`reduced operations at others.
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`46.
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`On January 11, 2020, Chinese state media reported its first known death from
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`COVID-19; Japan, South Korea, and Thailand reported confirmed cases by January 20, 2020;
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`and the United States reported its first case on January 21, 2020.
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`47.
`
`On January 31, the United States Department of Health and Human Services
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`declared a national public health emergency.
`
`48.
`
`49.
`
`On March 8, three COVID-19 cases were reported in Iowa.
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`On March 9, Iowa Governor Kim Reynolds issued a Proclamation of Disaster
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`Emergency in response to the COVID-19 outbreak.
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`50.
`
`On March 11, the World Health Organization declared the COVID-19 outbreak a
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`global pandemic.
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`51.
`
`On March 13, President Donald Trump declared a National Emergency in
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`response to the COVID-19 outbreak.
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`52.
`
`On or about March 13, Tyson Foods suspended all U.S. commercial business
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`travel, forbid all non-essential visitors from entering Tyson offices and facilities, and mandated
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`that all non-critical employees at its U.S. corporate office locations work remotely.
`
`53.
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`On March 17, Governor Reynolds proclaimed a State of Public Health Disaster
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`Emergency for the State of Iowa.
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`
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`FIRST AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL — PAGE 6 OF 32
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`54.
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`55.
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`On March 17, COVID-19 cases were confirmed in Black Hawk County.
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`On March 24, President Trump approved a major disaster declaration for the State
`
`of Iowa in response to the COVID-19 outbreak.
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`COVID-19 Outbreak at the Waterloo Facility
`56.
`The Waterloo Facility is Tyson’s largest pork plant in the United States. The
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`facility employs approximately 2,800 workers who process approximately 19,500 hogs per day.
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`57.
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` By late-March, the Executive Defendants and Supervisory Defendants were
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`aware that COVID-19 was spreading through the Waterloo Facility.
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`58.
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`On April 3, 2020, the CDC recommended that all Americans wear face coverings
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`in public to prevent asymptomatic spread of COVID-19.
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`59.
`
`Tyson Foods did not provide its workers at the Waterloo Facility with sufficient
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`face coverings, respirators, or other personal protective equipment.
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`60.
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`Tyson Foods did not implement or enforce sufficient social distancing measures
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`at the Waterloo Facility.
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`61.
`
`The Executive Defendants and Supervisory Defendants had advance notice of the
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`danger COVID-19 posed to workers.
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`62.
`
`In March, COVID-19 outbreaks occurred at Tyson’s Columbus Junction plant and
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`Camilla plant (in Georgia). Four Tyson employees at the Camilla plant died from the virus and
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`two employees at the Columbus Junction facility died.
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`63. Waterloo employees were ordered to deliver parts to the Columbus Junction plant
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`during the Columbus Junction outbreak. These employees did not quarantine and were not
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`tested for COVID-19 when they returned to the Waterloo Facility.
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`64.
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`On or about April 6, 2020, Tyson temporarily suspended operations at its
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`Columbus Junction plant after more than two dozen employees tested positive for COVID-19.
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`
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`FIRST AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL — PAGE 7 OF 32
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`
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`Consequently, a portion of the hogs that would have been processed at Columbus Junction were
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`redirected to the Waterloo Facility.
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`65.
`
`In March and April, Packers Sanitation Services Incorporated (PSSI) employees
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`moved back-and-forth between Columbus Junction and the Waterloo Facility. PSSI employees
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`arriving from Columbus Junction did not quarantine and were not tested for COVID-19 prior to
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`entering the Waterloo Facility.
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`66.
`
`By the time COVID-19 was detected at the Waterloo Facility, the Executive
`
`Defendants were fully informed of prior and ongoing outbreaks at Tyson facilities in China,
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`Columbus Junction, and Camilla. At a minimum, the Supervisory Defendants were well
`
`informed of the Columbus Junction outbreak.
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`67.
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`On or about April 6, 2020, Tyson Foods installed temperature check stations to
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`scan persons entering the Waterloo Facility for fever. Tyson knew or should have known these
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`temperature checks did not function as designed and workers taking certain medications could
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`lower their temperatures prior to coming to work and pass through even if they were ill.
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`68.
`
`The Supervisory Defendants did not require truck drivers and subcontractors
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`(such as PSSI employees) to have their temperatures checked before entering the Facility.
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`69.
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`In late-March or early-April, the Supervisory Defendants and most managers at
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`the Waterloo Facility started avoiding the plant floor because they were afraid of contracting the
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`virus. Consequently, as the virus spread through the plant, the Supervisory Defendants and other
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`managers increasingly delegated managerial authority and responsibilities to low-level
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`supervisors with no management training or experience.
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`70.
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`In March and April the Supervisory Defendants cancelled regularly scheduled
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`safety meetings.
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`
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`FIRST AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL — PAGE 8 OF 32
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`71.
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`Even after learning of positive COVID-19 tests within the Waterloo Facility, the
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`Supervisory Defendants directed supervisors to deny knowledge of COVID-19 cases at the plant.
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`72.
`
`Consequently, in March and April supervisors—at the direction of the
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`Supervisory Defendants—falsely denied the existence of “confirmed cases” or “positive tests”
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`within the Waterloo Facility.
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`73.
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`In April,
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`the Supervisory Defendants falsely
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`told workers
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`they had a
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`responsibility to keep working in order to ensure Americans don’t go hungry.
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`74.
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`In April, the Supervisory Defendants falsely told workers that they would be
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`notified if they had been in close contact with a co-employee with a confirmed diagnosis of
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`COVID-19.
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`75.
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`On April 10, 2020, Black Hawk County Sherriff Tony Thompson and Black
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`Hawk County health officials visited the Waterloo Facility.
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`76.
`
`According to Sherriff Thompson, working conditions at the Waterloo Facility
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`“shook [him] to the core.” Workers were crowded elbow to elbow; most without face coverings.
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`77.
`
`Sheriff Thompson and other local officials lobbied Tyson to close the plant, but
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`the company refused.
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`78.
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`Around this time, Defendant Tom Hart, the Plant Manager of the Waterloo
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`Facility, organized a cash buy-in, winner-take-all betting pool for supervisors and managers to
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`wager how many employees would test positive for COVID-19.
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`79.
`
`On the night of April 12, 2020, nearly two-dozen Tyson employees were admitted
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`to the emergency room at MercyOne Waterloo Medical Center.
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`
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`FIRST AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL — PAGE 9 OF 32
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`80.
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`On April 14, Black Hawk County officials asked Tyson to temporarily shut down
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`the Waterloo plant due to the outbreak of positive cases and the risks to Tyson employees and
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`the community. Again, the company refused.
`
`81.
`
`On April 16, 2020, Tyson company officials publicly denied a COVID-19
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`outbreak at the Waterloo Facility.2
`
`82.
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`On or about April 17, 2020, twenty local elected officials sent a letter to Tyson
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`Foods imploring the company to take steps “to ensure the safety and well-being of Tyson’s
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`valuable employees and our community” and to “voluntarily cease operations on a temporary
`
`basis at [the] Waterloo Facility so that appropriate cleaning and mitigation strategies can take
`
`place.”
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`83.
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`On or about April 19, Iowa state lawmakers filed an OSHA complaint against
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`Tyson Foods after Waterloo employees complained of unsafe working conditions amid the
`
`coronavirus pandemic. The complaint alleged: at least one Tyson employee had informed
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`Waterloo health care providers that he or she had been transferred to the Waterloo Facility from
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`Tyson’s Columbus Junction plant, which had closed due to a COVID-19 outbreak; workers did
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`not have sufficient personal protective equipment; social distancing measures were not being
`
`implemented or enforced on the plant floor or in employee locker rooms; nurses at the Waterloo
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`Facility lacked sufficient medical supplies and were unable to accurately conduct temperature
`
`checks; and because of language barriers, non-English speaking employees mistakenly believed
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`they could return to work while sick.
`
`
`2 See https://wcfcourier.com/business/local/tyson-workers-say-they-work-sick-clinic-seeing-
`tons-of-covid-19/article_965e046b-f4e8-5c57-99dd-2b9938734909.html
`
`
`
`
`FIRST AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL — PAGE 10 OF 32
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`84.
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`Tyson transferred workers to the Waterloo Facility from its Columbus Junction
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`plant after it shut down due to a COVID-19 outbreak.
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`85.
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`Tyson failed to test or adequately quarantine workers from the Columbus Junction
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`plant before allowing them to enter the Waterloo Facility.
`
`86.
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`The Supervisory Defendants permitted or encouraged sick and symptomatic
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`employees and asymptomatic employees known or suspected to have been exposed to COVID-
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`19 to continue working at the Waterloo Facility. At least one worker at the facility vomited on
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`the production line and management allowed him to continue working and return to work the
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`next day.
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`87.
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`The Supervisory Defendants ordered sick employees who were tested at the
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`Waterloo Facility to return to work and continue working until they were notified that they had
`
`tested positive for COVID-19.
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`88.
`
`Defendant John Casey explicitly directed supervisors to ignore symptoms of
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`COVID-19. Mr. Casey told supervisors they had to show up to work, even if they were
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`exhibiting symptoms of COVID-19, and he directed supervisors to make their direct reports
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`come to work, even if those direct reports were showing symptoms of COVID-19.
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`89.
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`On one occasion, Mr. Casey intercepted a sick supervisor en-route to get tested
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`and ordered the supervisor to get back to work, adding, “we all have symptoms—you have a job
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`to do.”
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`90.
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`Tyson offered $500 “thank you bonuses” to employees who turned up for every
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`scheduled shift for three months. This policy further incentivized sick workers to continue
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`coming to work.
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`FIRST AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL — PAGE 11 OF 32
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`91.
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`In March and April, supervisors and managers at the Waterloo Facility told
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`employees that their co-workers were sick with the flu (not COVID-19) and warned them not to
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`discuss COVID-19 at work.
`
`92.
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`The Supervisory Defendants regularly downplayed the dangers of COVID-19.
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`For instance, John Casey regularly referred to COVID-19 as the “glorified flu” and told workers
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`not to worry about it because “it’s not a big deal; everyone is going to get it.”
`
`93.
`
`High-level Tyson executives began lobbying the White House for COVID-19
`
`related liability protections as early as March and continued their lobbying efforts throughout
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`April. Tyson officials dined at the White House and participated in several calls with President
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`Trump and Vice President Pence during March and April.
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`94.
`
`Tyson executives lobbied, or directed others to lobby, members of the U.S. House
`
`of Representatives or the U.S. Senate for COVID-19 related liability protections.
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`95.
`
`Tyson executives lobbied, or directed others to lobby, Iowa Governor Reynolds
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`for COVID-19 related liability protections.
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`96.
`
`Tyson executives successfully lobbied, or directed others to lobby, Governor
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`Reynolds to issue an executive order stating that only the state government, not local
`
`governments, had the authority to close businesses in Northeast Iowa, including the Tyson
`
`Waterloo facility.
`
`97.
`
`On or about April 20, 2020, Governor Reynolds held a conference call with the
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`CEO of Tyson Foods, other high-ranking Tyson officials, and Tyson lobbyist Matt Eide. On
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`information and belief, Tyson officials downplayed the seriousness of the COVID-19 outbreak at
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`the Waterloo Facility and exaggerated the efficacy of safety measures implemented at the
`
`facility.
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`
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`FIRST AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL — PAGE 12 OF 32
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`98.
`
`According to Tyson Foods, the company began winding down operations at the
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`Waterloo Facility on April 20 because a lack of available healthy labor, but the plant did not shut
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`down until April 22, after the company had processed the remaining hog carcasses in its cooler.
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`99.
`
`On April 22, 2020, Tyson Foods announced plans to indefinitely suspended
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`operations at the Waterloo Facility.
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`100. On or about April 26, 2020, Tyson Foods placed a full-page advertisement in The
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`New York Times, Washington Post and Arkansas Democrat-Gazette entitled “A Delicate
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`Balance: Feeding the Nation and Keeping Our Employees Healthy,” which asserted that “the
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`food supply chain is breaking.” The advertisement, signed by Defendant John H. Tyson, warned
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`that “millions of pounds of meat will disappear from the [U.S.] supply chain” due to plant
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`closures and, “[a]s a result, there will be limited supply of our products available in grocery
`
`stores” until closed facilities reopen. The advertisement stressed that Tyson had a “responsibility
`
`to feed our nation.”
`
`101.
`
` On numerous occasions in April, Tyson executives (including Defendants John
`
`H. Tyson, Noel W. White, Dean Banks, and Stephen R. Stouffer) and company spokespersons
`
`(including Liz Croston and Gary Mickelson) publicly argued that it was necessary to continue
`
`operating meat processing facilities during the pandemic (despite uncontrolled COVID-19
`
`outbreaks at many of those facilities) in order to feed Americans.
`
`102. Tyson exports to China increased by 600% in the first quarter of 2020. In fact,
`
`Tyson exported 1,289 tons of pork to China in April 2020, its largest single month total in more
`
`than three years.
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`
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`103. On April 28, President Trump signed an executive order classifying meat
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`processing plants as essential infrastructure that must remain open. The stated purpose for the
`
`order was to avoid risk to the nation’s food supply.
`
`104. On May 1, 2020, the human resources director of the Tyson Waterloo Facility
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`told local officials that the plant was weeks away from reopening; however, the plant reopened
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`six days later.
`
`105. The Black Hawk County Health Department has recorded more than 1,000
`
`infections among Tyson employees—more than one third of the Tyson Waterloo workforce—
`
`and at least 5 workers have died.
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`106. Dr. Nafissa Cisse Egbuonye, director of the Black Hawk County Health
`
`Department, attributed 90% of the county’s COVID-19 cases to the Tyson Waterloo Facility.
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`107. A grossly disproportionate number of Tyson Waterloo workers have been infected
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`with COVID-19 compared to the general populations of Black Hawk County and Iowa.
`
`108. At the time of filing this lawsuit, more than 8,500 Tyson employees had
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`contracted COVID-19, more than double the number for any other company, and at least 20 had
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`died nationwide. A grossly disproportionate number of Tyson workers have been infected with
`
`COVID-19 compared to the general population of the United States.
`
`109. At all relevant times, the Supervisory Defendants and Executive Defendants
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`individually and collectively had responsibility for Ms. Buljic, Mr. Garcia and Mr. Ayala’s
`
`safety and work conditions.
`
`110. Plaintiff Hus Hari Buljic, as Administrator of the Estate of Sedika Buljic, seeks
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`recovery from Defendants for all damages cognizable under Iowa law including but not limited
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`to:
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`FIRST AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL — PAGE 14 OF 32
`Case 6:20-cv-02055-LRR-KEM Document 40 Filed 11/18/20 Page 14 of 32
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`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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`g.
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`Sedika Buljic’s pre-death physical and mental pain and suffering;
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`Sedika Buljic’s pre-death loss of function of the mind and body;
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`Sedika Buljic’s pre-death fright and emotional distress;
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`Sedika Buljic’s pre-death medical expenses;
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`Pecuniary loss of accumulation to the Estate of Sedika Buljic;
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`Interest on premature burial expenses; and
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`Past and future loss of the love, services, society, companionship, support,
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`affection, and consortium suffered by Hus Hari Buljic as a result of the
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`death of his wife.
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`111. Plaintiff Honario Garcia, as Administrator of the Estate of Reberiano Garcia,
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`seeks recovery from Defendants for all damages cognizable under Iowa law including but not
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`limited to:
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`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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`g.
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`Reberiano Garcia’s pre-death physical and mental pain and suffering;
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`Reberiano Garcia’s pre-death loss of function of the mind and body;
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`Reberiano Garcia’s pre-death fright and emotional distress;
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`Reberiano Garcia’s pre-death medical expenses;
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`Pecuniary loss of accumulation to the Estate of Reberiano Garcia;
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`Interest on premature burial expenses; and
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`Past and future loss of the love, services, society, companionship, support,
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`affection, and consortium suffered by Honario Garcia, Lorenzo Garcia,
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`Aureliana Garcia, Eucebia Garcia, and minor children M.G. and A.G. as a
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`result of the death of their father.
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`FIRST AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL — PAGE 15 OF 32
`Case 6:20-cv-02055-LRR-KEM Document 40 Filed 11/18/20 Page 15 of 32
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`112. Plaintiffs Arturo de Jesus Henrandez and Miguel Angel Hernandez as Co-
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`Administrators of the Estate of Jose Ayala, seek recovery from Defendants for all damages
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`cognizable under Iowa law including but not limited to:
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`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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`Jose Ayala’s pre-death physical and mental pain and suffering;
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`Jose Ayala’ pre-death loss of function of the mind and body;
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`Jose Ayala’s pre-death fright and emotional distress;
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`Jose Ayala’s pre-death medical expenses;
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`Pecuniary loss of accumulation to the Estate of Jose Ayala; and
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`Interest on premature burial expenses.
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`FIRST CAUSE OF ACTION
`CLAIMS AGAINST TYSON FOODS
` (FRAUDULENT MISREPRESENTATION, VICARIOUS LIABILITY AND PUNITIVE DAMAGES)
`113. Plaintiffs incorporate by reference all allegations contained in this Complaint.
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`114.
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`In March and April of 2020, Defendant Tyson Foods, through the Supervisory
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`Defendants,made numerous false representations to Sedika Buljic, Reberiano Garcia, Jose Ayala,
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`and other workers at the Waterloo Facility concerning: (1) the presence and spread of COVID-19
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`at the facility; (2) the importance of protecting and keeping workers safe; (3) the efficacy of
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`safety measures implemented at the facility; and (4) the need to keep the facility open to avoid
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`U.S. meat shortages.
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`115.
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`In March and April, Tyson Foods, through the Supervisory Defendants, falsely
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`represented to Ms. Buljic, Mr. Garcia, Mr. Ayala, and others workers at the Waterloo Facility
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`that:
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`a.
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`b.
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`c.
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`COVID-19 had not been detected at the facility;
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`COVID-19 was not spreading through the facility;
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`Worker absenteeism was unrelated to COVID-19;
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`FIRST AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL — PAGE 16 OF 32
`Case 6:20-cv-02055-LRR-KEM Document 40 Filed 11/18/20 Page 16 of 32
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`
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`d.
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`e.
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`Sick workers were not permitted to enter the facility;
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`Sick or symptomatic workers would be sent home immediately and would
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`not be permitted to return until cleared by health officials;
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`f.
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`Workers would be notified if they had been in close contact with an
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`infected co-worker;
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`Tyson’s “top priority” is the health and safety of its “team members;”
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`Safety measures implemented at the facility would prevent or mitigate the
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`spread of COVID-19 and protect workers from infection;
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`The Waterloo Facility needed to stay open in order to avoid U.S. meat
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`shortages; and
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`The Waterloo Facility was a safe work environment.
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`g.
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`h.
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`i.
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`j.
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`116. Tyson Foods knew these representations were false, and knew or should have
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`known that it was wrong to make such false representations.
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`117. These representations were material in that Ms. Buljic, Mr. Garcia and Mr. Ayala
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`would not have continued coming to work had they been informed of the extent of the COVID-
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`19 outbreak at the Waterloo Facility.
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`118. Tyson intended by these false representations to deceive workers at the Waterloo
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`Facility, including Ms. Buljic, Mr. Garcia and Mr. Ayala, and to induce them to continue
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`working despite the uncontrolled COVID-19 outbreak at the plant and the health risks associated
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`with working at the Waterloo Facility.
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`119. Ms. Buljic, Mr. Garcia, Mr. Ayala, and others accepted and relied on Tyson’s
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`representations as true, and were justified in doing so.
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`120. Tyson Foods thereby induced Ms. Buljic, Mr. Garcia, Mr. Ayala and others to
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`FIRST AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL — PAGE 17 OF 32
`Case 6:20-cv-02055-LRR-KEM Document 40 Filed 11/18/20 Page 17 of 32
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`continue working at the Waterloo Facility.
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`121. Tyson’s false representations directly and proximately caused Plaintiffs’ injuries
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`and were a substantial factor in causing Plaintiffs’ injuries.
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`122. Tyson Foods is vicariously liable for the culpable acts and omissions committed
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`by all of its agents acting within the course and scope of their agency, including but not limited
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`to the executives and supervisors named in this Complaint.
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`123. Tyson Foods’ acts and omissions were grossly negligent, reckless, intentional,
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`and constitute willful and wanton misconduct.
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`124. Tyson Foods’ fraudulent misrepresentations and prolonged refusal to temporarily
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`close down the Waterloo Facility despite knowing that many workers at the plant had tested
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`positive for COVID-19 and despite knowing that COVID-19 was rapidly spreading through the
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`workforce at the Waterloo Facility are evidence of Tyson’s incorrigible, willful and wanton
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`disregard for workplace safety and culpable state of mind.
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`125. Tyson knowingly and intentionally prioritized profits over the health, safety and
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`well-being of its Waterloo employees.
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`126. Tyson’s lobbying efforts for liability protections while simultaneously failing to
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`sufficiently protect its workers from COVID-19 is further evidence of the company’s
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`incorrigible, willful and wanton disregard for workplace safety and culpable state of mind.
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`127. An award of punitive damages is necessary to punish Tyson Foods for its willful
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`and wanton disregard for workplace safety and to deter it and other similarly situated companies
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`from jeopardizing workers’ lives in the future.
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`FIRST AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL — PAGE 18 OF 32
`Case 6:20-cv-02055-LRR-KEM Document 40 Filed 11/18/20 Page 18 of 32
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`
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`SECOND CAUSE OF ACTION
`CLAIMS AGAINST TYSON EXECUTIVES
` (GROSS NEGLIGENCE AND PUNITIVE DAMAGES)
`128. Plaintiffs incorporate by reference all allegations contained in this Complaint.
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`129. At all relevant times, Tyson Foods employed the Executive Defendants in
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`managerial capacities.
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`130. At all relevant times, the Executive Defendants were acting within the course and
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`scope of their employment.
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`131. The Executive Defendants had a duty to exercise reasonable care to prevent
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`injuries to employees such as Sedika Buljik, Reberiano Garcia, and Jose Ayala.
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`132. The Executive Defendants were regularly briefed on positive COVID-19 cases at
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`Tyson facilities, and they learned that the virus had been detected at the Waterloo Facility within
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`days of the first confirmed case.
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`133. The Executive Def