Case 2:20-cv-02594-JP Document 1-1 Filed 06/02/20 Page 1 of 42
`Case 2:20-cv-02594-JP Document 1-1 Filed 06/02/20 Page 1 of 42
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`
`
`EXHIBIT A
`
`EXHIBIT A
`
`

`

`Case 2:20-cv-02594-JP Document 1-1 Filed 06/02/20 Page 2 of 42
`Court of Common Pleas of Philadelphia County
`Trial Division
`Civil Cover Sheet
`FERDINAND BENJAMIN
`
`PLAINTIFF'S NAME
`
`For Prothonotary Use Only (Docket Number)
`
`E-Filing Number: 2005005845
`JBS S.A.
`
`DEFENDANT'S NAME
`
`PLAINTIFF'S ADDRESS
`
`957 ANCHOR STREET
`PHILADELPHIA PA 19124
`
`PLAINTIFF'S NAME
`
`FERDINAND BENJAMIN
`
`PLAINTIFF'S ADDRESS
`
`957 ANCHOR STREET
`PHILADELPHIA PA 19124
`
`PLAINTIFF'S NAME
`
`PLAINTIFF'S ADDRESS
`
`DEFENDANT'S ADDRESS
`
`AVENIDA BRIG FARIA LIMA 2.391 2 ANDAR JD
`PAULISTANO
`SAO PAULO
`
`DEFENDANT'S NAME
`
`JBS USA FOOD COMPANY
`
`DEFENDANT'S ADDRESS
`
`1770 PROMONTORY CIRCLE
`GREELEY CO 80634
`
`DEFENDANT'S NAME
`
`JBS USA HOLDINGS, INC.
`
`DEFENDANT'S ADDRESS
`
`1770 PROMONTORY CIRCLE
`GREELEY CO 80634
`
`TOTAL NUMBER OF PLAINTIFFS
`
`TOTAL NUMBER OF DEFENDANTS
`
`2
`
`5
`
`COMMENCEMENT OF ACTION
`X
`Complaint
`
`Petition Action
`
`Notice of Appeal
`
`Writ of Summons
`
`Transfer From Other Jurisdictions
`
`AMOUNT IN CONTROVERSY
`
`COURT PROGRAMS
`
`$50,000.00 or less
`
`X
`
`More than $50,000.00
`
`X
`
`Arbitration
`Jury
`Non-Jury
`Other:
`
`CASE TYPE AND CODE
`
`2O - PERSONAL INJURY - OTHER
`
`STATUTORY BASIS FOR CAUSE OF ACTION
`
`Mass Tort
`Savings Action
`Petition
`
`Commerce
`Minor Court Appeal
`Statutory Appeals
`
`Settlement
`Minors
`W/D/Survival
`
`RELATED PENDING CASES (LIST BY CASE CAPTION AND DOCKET NUMBER)
`
`IS CASE SUBJECT TO
`COORDINATION ORDER?
`YES
`
`NO
`
`MAY 07 2020
`
`A. SILIGRINI
`
`TO THE PROTHONOTARY:
`Kindly enter my appearance on behalf of Plaintiff/Petitioner/Appellant:
`Papers may be served at the address set forth below.
`
`FERDINAND BENJAMIN , FERDINAND
`BENJAMIN
`
`NAME OF PLAINTIFF'S/PETITIONER'S/APPELLANT'S ATTORNEY
`
`ROBERT J. MONGELUZZI
`
`PHONE NUMBER
`
`(215)496-8282
`
`FAX NUMBER
`
`(215)496-0999
`
`ADDRESS
`
`ONE LIBERTY PLACE 52ND FLOOR
`1650 MARKET ST.
`PHILADELPHIA PA 19103
`
`SUPREME COURT IDENTIFICATION NO.
`
`36283
`
`SIGNATURE OF FILING ATTORNEY OR PARTY
`ROBERT MONGELUZZI
`
`E-MAIL ADDRESS
`
`VSmith@smbb.com
`
`DATE SUBMITTED
`
`Thursday, May 07, 2020, 08:34 am
`
`FINAL COPY (Approved by the Prothonotary Clerk)
`
`

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`Case 2:20-cv-02594-JP Document 1-1 Filed 06/02/20 Page 3 of 42
`
`COMPLETE LIST OF DEFENDANTS:
` 1. JBS S.A.
` AVENIDA BRIG FARIA LIMA 2.391 2 ANDAR JD PAULISTANO
` SAO PAULO
` 2. JBS USA FOOD COMPANY
` 1770 PROMONTORY CIRCLE
` GREELEY CO 80634
` 3. JBS USA HOLDINGS, INC.
` 1770 PROMONTORY CIRCLE
` GREELEY CO 80634
` 4. JBS SOUDERTON, INC.
` ALIAS: C/O CORPORATION SERVICE COMPANY
` 2595 INTERSTATE DRIVE SUITE 103
` HARRISBURG PA 17110
` 5. PILGRIM’S PRIDE CORPORATION
` ALIAS: C/O CORPORATION SERVICE COMPANY
` 2595 INTERSTATE DRIVE SUITE 103
` HARRISBURG PA 17110
`
`

`

`Case 2:20-cv-02594-JP Document 1-1 Filed 06/02/20 Page 4 of 42
`
`
`SALTZ MONGELUZZI & BENDESKY P.C.
`Filed and Attested by the
`
`Office of Judicial Records
`BY: ROBERT J. MONGELUZZI/STEVEN G. WIGRIZER
`07 MAY 2020 08:34 am
`ATTORNEYS FOR PLAINTIFF
`JEFFREY P. GOODMAN/JASON S. WEISS
`A. SILIGRINI
`
`Identification No.: 36283/30396/309433/310446
`1650 Market Street, 52nd Floor
`Philadelphia, PA 19103
`(215) 496-8282
`
`
`
`
`
`PHILADELPHIA COUNTY
`COURT OF COMMON PLEAS
`LAW DIVISION
`
`
`
`MAY TERM, 2020
`
`NO.: __________
`
`
`
`JURY OF 12 DEMANDED
`
`
`
`THIS IS NOT AN ARBITRATION
`MATTER
`
`
`
`
`FERDINAND BENJAMIN, Individually
`and as the Personal Representative of the
`Estate of ENOCK BENJAMIN, Deceased
`957 Anchor Street
`Philadelphia, PA 19124
`
`
`Plaintiff
`
`v.
`
`
`JBS S.A.
`Avenida Brig Faria Lima 2.391 2
`Andar Jd Paulistano
`Sao Paulo, SP 01452-000 Brazil
`
`
`And
`
`
`JBS USA FOOD COMPANY
`1770 Promontory Circle,
`Greeley, CO 80634
`
`
`
`And
`
`
`JBS USA HOLDINGS, INC.
`1770 Promontory Circle
`Greeley, CO 80634
`
`
`And
`
`
`
`
`
`
`Case ID: 200500370
`
`

`

`Case 2:20-cv-02594-JP Document 1-1 Filed 06/02/20 Page 5 of 42
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`JBS SOUDERTON, INC.
`c/o Corporation Service Company
`2595 Interstate Drive, Suite 103
`Harrisburg, PA 17110
`
`
`And
`
`
`
`PILGRIM’S PRIDE CORPORATION
`c/o Corporation Service Company
`2595 Interstate Drive, Suite 103
`Harrisburg, PA 17110
`
`
`
` Defendants
`
`
`
`
`
`
`NOTICE TO DEFEND
`
`
`NOTICE
`
`
`
`
` You have been sued in court. If you wish to defend against the
`claims set forth in the following pages, you must take action within
`twenty (20) days after this complaint and notice are served, by
`entering a written appearance personally or by attorney and filing in
`writing with the court your defenses or objections to the claims set
`forth against you. You are warned that if you fail to do so the case
`may proceed without you and a judgment may be entered against you
`by the court without further notice for any money claimed in the
`complaint or for any other claim or relief requested by the plaintiff.
`You may lose money or property or other rights important to you.
`
`YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT
`ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT
`AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
`FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
`HELP.
`
`
`AVISO
`
`
` Le han demandado a usted en la corte. Si usted quiere defenderse de estas
`demandas expuestas en las páginas siguientes, usted tiene veinte (20) días de
`plazo al partir de la fecha de la demanda y la notificación. Hace falta asentar
`una comparecía escrita o en persona o con un abogado y entregar a la corte en
`forma escrita sus defensas o sus objeciones a las demandas en contra de su
`persona. Sea avisado que si usted no se defiende, la corte tomará midas y
`puede continuar la demanda en contra suya sin previo aviso o notificación.
`Además, la corte puede decidir a favor del demandante y requiere que usted
`cumpla con todas las provisiones de esta demanda. Usted puede perder dinero
`o sus propiedades u otros derechos importantes para usted.
`LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATA-MENTE. SI
`NO TIENE ABOGADO O SINO TIENE EL DI-NERO SUFICIENTE DE
`PAGAR TAL SERVICO, VAYA EN PERSONA O LLAME POR
`TELEPHONO A LA OFICINA CUYA DIRECCIÓN SE ENCUENTRA
`ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUDE CONSEGUIR
`ASISTENCIA LEGAL.
`
`
`PHILADELPHIA BAR ASSOCIATION
`LAWYER REFERRAL AND INFORMATION SERVICE
`1101 MARKET STREET
`PHILADELPHIA, PA 19107
`TELEPHONE: (215) 238-6333
`
`ASOCIACIÓN DE LICENCIADOS DE FILADELFIA
`SERVICIO DE REFERENCIA E INFORMACIÓN LEGAL
`1101 CALLE DE MERCADO
`FILADELFIA, PA 19107
`TELÉFONO: (215) 238-6333
`
`
`
`
`
`
`
`
`
`2
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`Case ID: 200500370
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`

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`Case 2:20-cv-02594-JP Document 1-1 Filed 06/02/20 Page 6 of 42
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`COMPLAINT – CIVIL ACTION
`
`Introduction
`
`This wrongful death and survival action concerns the negligent, reckless, and
`
`1.
`
`outrageous conduct of JBS, the largest beef processing company in the world, because it elected
`
`to pursue profits over safety during a global pandemic.
`
`2.
`
`On April 3, 2020, Enock Benjamin died of respiratory failure caused by the
`
`pandemic virus, COVID-19.
`
`’
`
`3.
`
`At the time of his death, Mr. Benjamin was a union steward at the JBS meat
`
`processing plant in Souderton, PA.
`
`4.
`
`Enock Benjamin was known as the “go-to-man” for JBS Souderton employees
`
`and as a “champion of the people” by his colleagues.
`
`5.
`
`Co-workers have also publicly described Mr. Benjamin as a man “who did so
`
`much to defend the rights of his colleagues . . . he loved to work, and he worked until the last
`
`moment he could.”
`
`6.
`
`Enock Benjamin’s death was the predictable and preventable result of the JBS
`
`Defendants’ decisions to ignore worker safety.
`
`
`
`3
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`Case ID: 200500370
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`

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`Case 2:20-cv-02594-JP Document 1-1 Filed 06/02/20 Page 7 of 42
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`7.
`
`The JBS Defendants ignored federal guidance and put plant workers in the
`
`crosshairs of a global pandemic.
`
`8.
`
`Despite the known risks regarding COVID-19, prior to shutting down the plant on
`
`March 30, 2020, the JBS Defendants: (1) failed to provide sufficient personal protective
`
`equipment; (2) forced workers to work in close proximity; (3) forced workers to use cramped
`
`and crowded work areas, break areas, restrooms, and hallways; (4) discouraged workers from
`
`taking sick leave in a manner that had sick workers in fear of losing their jobs; and (5) failed to
`
`properly provide testing and monitoring for individuals who have may have been exposed to the
`
`virus that causes COVID-19.
`
`9.
`
`Instead, at the Souderton facility where Mr. Benjamin worked, JBS increased
`
`production during March 2020, adding a “Saturday Kill” to capitalize on increased demand
`
`caused by public panic purchases of ground meat.
`
`10.
`
`During this critical timeframe in March 2020, Mr. Benjamin contracted COVID-
`
`19 while working at JBS Souderton because the JBS Defendants inexplicably failed to take
`
`proper safety precautions to protect workers.
`
`11.
`
`By keeping the Souderton plant open without providing the proper and
`
`recommended safety precautions, JBS intentionally misrepresented the safety of the facility.
`
`12.
`
`By choosing profits over safety, JBS demonstrated a reckless disregard to the
`
`rights and safety of others, including Enock Benjamin.
`
`FACTS COMMON TO ALL COUNTS
`
`A Global Pandemic
`
`13.
`
`COVID-19 is an infectious respiratory disease which is caused by a virus known
`
`as “the novel coronavirus.”
`
`14.
`
`The virus which caused COVID-19 is highly contagious.
`
`
`
`4
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`Case ID: 200500370
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`

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`Case 2:20-cv-02594-JP Document 1-1 Filed 06/02/20 Page 8 of 42
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`15.
`
`The virus spreads mainly person-to-person, primarily through coughs or sneezes
`
`from an infected person in close proximity to another.
`
`16.
`
`The virus is especially dangerous because it can be spread by people who are
`
`asymptomatic or pre-symptomatic.
`
`17.
`
`For these reasons, the preferred mechanism to combat the virus has been
`
`widespread “stay-at-home” orders to prevent being exposed to the novel coronavirus.
`
`18.
`
`On January 21, 2020, the United States reported its first case of the novel
`
`coronavirus.
`
`19.
`
`By this time, it was widely reported that the virus had already spread across Asia
`
`and Europe.
`
`20.
`
`On January 30, 2020, the United States reported its first case of COVID-19
`
`acquired via community spread.
`
`21.
`
`In this context, it has been stated that “community spread” means “that people
`
`have been infected with the virus in an area, including some who are not sure how or where they
`
`became infected.”
`
`22.
`
`On January 31, 2020, the World Health Organization (“WHO”) declared COVID-
`
`19 a “public health emergency of international concern.”
`
`23.
`
`On March 9, 2020, with over 500 COVID-19 infections in the United States, the
`
`CDC published federal guidelines for workers.
`
`24.
`
`These guidelines included recommendations for social distancing of at least 6
`
`feet, and the use of Personal Protective Equipment (“PPE”) for workers.
`
`
`
`5
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`Case ID: 200500370
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`

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`Case 2:20-cv-02594-JP Document 1-1 Filed 06/02/20 Page 9 of 42
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`25.
`
`The same day, March 9, 2020, OSHA released its own guidelines, recommending
`
`that companies should offer surgical masks or respirators to workers who could be infected with
`
`COVID-19, especially those that worked in close quarters:
`
`
`OSHA “Guidance on Preparing Workplaces for COVID-19,” March 9, 2020
`
`26.
`
`Despite this guidance, the JBS Defendants did not obtain masks or other PPE for
`
`their workers until April 2, 2020, when there already were over 240,000 confirmed COVID-19
`
`infections in the United States, and 5,794 confirmed deaths.
`
`27.
`
`Despite the clear danger that COVID-19 posed for its workers, the JBS
`
`Defendants did not mandate the use of masks and/or PPE for their workers until April 14, 2020
`
`when there were already 585,909 confirmed COVID-19 infections in the United States, and
`
`23,577 confirmed deaths.
`
`28.
`
`At the time of this filing, there are at least 1,168,896 confirmed cases in the
`
`United States with over 70,000 deaths attributable to COVID-19 during this pandemic.
`
`Meat Processing Plants – A Melting Pot for the Spread of Infection
`
`29. Meat processing plants are known to be “notoriously dangerous.”
`
`30. Meatpacking plants present unique safety issues because of the proximity within
`
`which employees work (“elbow-to-elbow”) using cutting tools and in a challenging environment.
`
`31.
`
`In 2009, the spread of the H1N1 virus put meat processing plants on notice of the
`
`dangerous conditions that the spread of airborne virus posed to their workers.
`
`
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`6
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`Case ID: 200500370
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`

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`Case 2:20-cv-02594-JP Document 1-1 Filed 06/02/20 Page 10 of 42
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`32.
`
`As recently as 2016, regulations were promulgated to promote worker’s safety to
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`protect against airborne illness at the plants.
`
`33.
`
`The enhanced coverage of meat processing plants that has occurred as a result of
`
`the COVID-19 pandemic highlighted the pre-existing dangerous conditions which workers were
`
`exposed to at these plants.
`
`34.
`
`One report quotes plant workers as stating that “we’re modern slaves.”
`
`35. Meat processing plant workers have been quoted as stating that “the workers are
`
`being sacrificed” in recent media coverage.
`
`36. Meat processing plants pose specific challenges regarding physical distancing of
`
`workers that JBS needed to assess and accommodate before allowing work to continue.
`
`Pennsylvania’s Plants – Most Infected in the Nation
`
`37.
`
`As of May 1, 2020, Pennsylvania had more recorded coronavirus cases among
`
`meat plant workers than any other state.
`
`38.
`
`As of that same date, there were 858 confirmed COVID-19 cases from workers at
`
`meat processing plants in Pennsylvania.
`
`39.
`
`That number will steadily increase as time progresses, and tragically, Enock
`
`Benjamin’s death will not be the last.
`
`The JBS Defendants
`
`40.
`
`Defendants, JBS S.A., JBS USA Food Company, JBS USA Holdings, Inc., JBS
`
`Souderton, Inc., and Pilgrim’s Pride Corporation, are herein collectively referred to as the “JBS
`
`Defendants” and/or “JBS”.
`
`41.
`
`42.
`
`
`
`JBS, a multinational corporation, is the world’s largest meat processor.
`
`JBS beef products fill the shelves of grocery stores across the United States.
`
`7
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`Case ID: 200500370
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`

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`Case 2:20-cv-02594-JP Document 1-1 Filed 06/02/20 Page 11 of 42
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`43. With such an important role in the food supply chain, safety should be of
`
`paramount concern to JBS.
`
`44.
`
`However, based upon publicly available information, JBS has consistently placed
`
`profits over safety.
`
`45.
`
`A review of OSHA statistics for 14,000 participating companies described
`
`“17,533 incidents of the most severe work-related injuries [‘work-related amputations or
`
`hospitalizations’] during the period from January 2015 through September 2016.”
`
`46.
`
`JBS had the sixth (6th) most severe injuries reported from that survey.
`
`JBS Souderton Plant
`
`47.
`
`48.
`
`In 2008, Enock Benjamin started working at the JBS Plant in Souderton, PA.
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`JBS Souderton is known as “a big player in the Eastern beef market” because JBS
`
`USA claims that it is the largest beef facility east of Chicago.
`
`49.
`
`JBS Souderton has approximately 1,400 employees and specializes in beef
`
`processing and packaging.
`
`50.
`
`Every day hundreds of workers report to the plant floor for work in close
`
`proximity involving extremes of temperature, dampness, and hazardous footing.
`
`51.
`
`A large percentage of the workers are immigrants, which results in company-wide
`
`communications regularly required to be translated in Spanish, Arabic, and Haitian Creole.
`
`52.
`
`Enock Benjamin was of Haitian descent.
`
`53. Workers stand only a few feet apart and, because of the volume of the machines at
`
`The Plant, are required to stand within inches of each other to communicate. A typical meat
`
`packing and processing line is depicted below:
`
`
`
`8
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`Case ID: 200500370
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`

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`Case 2:20-cv-02594-JP Document 1-1 Filed 06/02/20 Page 12 of 42
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`The COVID-19 Pandemic in the United States
`
`
`
`54.
`
`Recently, Carmen Dominguez, a union steward at the JBS Souderton facility,
`
`described the working conditions as follows:
`
`“On a normal day, work at a meatpacking plant is not easy. The
`slaughterhouse is boiling hot. People who aren’t used to the temperature can
`feel as if they are experiencing high blood pressure. The freezer is super cold
`and will amplify any flulike symptoms. Workers wear as many layers as they
`can to stay warm, but it is difficult.”
`
`55.
`
`In 2019, a worker died on the job at JBS Souderton, resulting in OSHA making
`
`workplace safety recommendations for the facility.
`
`56.
`
`Based upon information and belief, the culture at JBS Souderton resulted in
`
`workers coming to work sick for fear of losing their job if missing multiple days of work.
`
`57.
`
`Based upon information and belief, by early March the virus was firmly
`
`established in the Souderton plant.
`
`58.
`
`The March 9, 2020 OSHA guidance specifically instructed workplaces to send
`
`sick workers home:
`
`
`
`9
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`Case ID: 200500370
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`

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`Case 2:20-cv-02594-JP Document 1-1 Filed 06/02/20 Page 13 of 42
`
`
`OSHA “Guidance on Preparing Workplaces for COVID-19,” March 9, 2020
`
`59.
`
`Despite the skyrocketing risk of COVID-19 infections for workers, the JBS
`
`Defendants ignored the safety of workers and required them to report for duty each day in
`
`cramped conditions and without adequate PPE.
`
`60.
`
`Despite these known risks, the JBS Defendants refused to close their plants or
`
`otherwise limit the number of workers reporting for duty each day.
`
`61.
`
`Based upon information and belief, as of March 2020 many employees were led
`
`to believe that the individuals who were out sick had the flu, not COVID-19.
`
`62.
`
`Based upon information and belief, upon learning of the first positive COVID
`
`individual in the facility in early March 2020, JBS failed to change its policies and procedures.
`
`63.
`
`Based upon information belief, instead of implementing proper safety policies and
`
`procedures, due to increased business demands in March 2020, JBS Souderton added a
`
`“Saturday Kill” to meet increased demand in ground beef sales.
`
`64.
`
`Based upon information and belief, after the first positive COVID-19 result, JBS
`
`sent a letter to “Souderton Team Members” stating that “one of our team members has tested
`
`positive for COVID-19 after exhibiting flu-like symptoms.”
`
`65.
`
`Based upon information and belief, the only employees who were given off work
`
`after this test were “team members who were in direct contact with the individual for extended
`
`periods of time.”
`
`
`
`10
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`Case ID: 200500370
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`

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`Case 2:20-cv-02594-JP Document 1-1 Filed 06/02/20 Page 14 of 42
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`66.
`
`Based upon information and belief, after the first positive COVID-19 result, JBS
`
`Souderton team members were informed that “Our Souderton facility will remain open."
`
`67.
`
`One union steward described publicly described the conditions in the plant prior
`
`to the shut down as follows:
`
`“Before this closure, people had started to panic. Social distancing was
`limited. Employees didn’t cover their mouths. In meatpacking plants,
`workers are piled up on top of one another, often touching because there are
`so many of us. Many decided to stay at home on leave because they were
`afraid of becoming infected or of spreading the coronavirus to their
`families.”
`
`68.
`
`On March 27, 2020, the Souderton facility closed for sanitation after multiple
`
`workers had fallen ill.
`
`69.
`
`At that time, there were over 2,000 confirmed cases of COVID-19 in
`
`Pennsylvania.
`
`70.
`
`On March 30, 2020, JBS USA stated publicly that it was “temporarily” reducing
`
`production after several senior management team members displayed flu-like symptoms: “The
`
`JBS Souderton, Pa., beef production facility has temporarily reduced production because several
`
`senior management team members have displayed flu-like symptoms.”
`
`71.
`
`As of this date, JBS USA publicly claimed that it only had “four or five”
`
`confirmed COVID-19 cases among its hourly workers at the time of closure.
`
`72.
`
`JBS spokesperson Cameron Bruett stated that the shutdown was “out of an
`
`abundance of caution[.]”
`
`73.
`
`Based upon information and belief, workers were outspoken about the lack of
`
`safety equipment prior to the plant shutting down.
`
`74.
`
`Based upon information and belief, employees did complain about the lack of
`
`masks prior to the shutdown.
`
`
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`11
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`Case ID: 200500370
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`Case 2:20-cv-02594-JP Document 1-1 Filed 06/02/20 Page 15 of 42
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`75.
`
`Based upon information and belief, workers complained about bring COVID-19
`
`home to their families before the shutdown.
`
`76.
`
`Based upon media reports, by April 2, 2020, there were nineteen (19) employees
`
`that were confirmed to test positively at the Souderton plant.
`
`COVID-19 Infections at all JBS Plants
`
`77.
`
`78.
`
`COVID-19 spread quickly through the JBS Defendants’ meat packing plants.
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`Despite the clear and present danger the virus presented, JBS Defendants kept
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`their facilities across the United States open or shuttered them only temporarily, even after
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`hundreds of workers fell ill and others died.
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`79.
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`Based upon information and belief, the JBS Defendants had a ‘work while sick’
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`policy.
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`80.
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`The JBS Defendants did not require workers experiencing COVID-19 symptoms
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`to report their illness to their superiors.
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`81.
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`The JBS Defendants did not require these workers to self-quarantine at home,
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`despite federal guidance to the contrary.
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`82.
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`In a demonstration of placing profits over safety, the JBS Defendants ignored the
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`health of their vulnerable workers and did not shut any plants prior to March 30, 2020 despite a
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`mountain of evidence of a public safety concern of unforeseen magnitude.
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`83.
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`JBS operates scores of beef plants nationwide.
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`84.
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`JBS USA has experienced COVID-19 outbreaks at least at seven (7) of those
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`plants; Souderton, Pennsylvania; Greeley, Colorado; Plainwell, Michigan; Green Bay,
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`Wisconsin; Cactus, Texas; Worthington, Minnesota and Grand Island, Nebraska.
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`Case 2:20-cv-02594-JP Document 1-1 Filed 06/02/20 Page 16 of 42
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`85.
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`On April 14, 2020, JBS USA had to shut down the facility in Greeley, CO
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`because of the coronavirus outbreak.
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`86.
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`“While the Greeley beef facility is critical to the U.S. food supply and local
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`producers, the continued spread of coronavirus in Weld County requires decisive action,” said
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`Andre Nogueira, CEO of JBS USA.
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`87.
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`However, according
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`to media
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`reports, despite experiencing “increased
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`absenteeism” at other plants, JBS continued to operate “the majority of its facilities across the
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`country at or near capacity.”
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`88.
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`A simultaneously released statement on behalf of JBS addressed absenteeism as
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`follows: “When COVID-19 is prevalent in the community, fear is heightened, absenteeism rises,
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`and the challenge of keeping the virus out becomes greater . . . when absenteeism levels become
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`too high, facilities cannot safely operate.”
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`The Death of Enock Benjamin
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`89.
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`Based upon information and belief, up to and including March 27, 2020, workers
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`at JBS Souderton were still not required to wear masks and/or other PPE, despite CDC and
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`OSHA guidance to the contrary.
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`90.
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`Based upon information and belief, up to and including March 27, 2020, workers
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`at JBS Souderton were still required to work within 6 feet of one another, despite CDC and
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`OSHA guidance to the contrary.
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`91.
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`Based upon information and belief, up to and including March 27, 2020, workers
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`at JBS Souderton were not required to report to their superiors if they were experiencing
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`COVID-19 symptoms.
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`Case 2:20-cv-02594-JP Document 1-1 Filed 06/02/20 Page 17 of 42
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`92.
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`Based upon information and belief, when Enock Benjamin last arrived for work at
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`the JBS Souderton Plant on March 27, 2020, a number of his co-workers had already become
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`infected.
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`93.
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`On March 27, 2020, Enock Benjamin left JBS Souderton after experiencing
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`cough-like symptoms.
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`94.
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`Over the next week, Enock Benjamin’s condition continued to worsen and
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`breathing became nearly impossible.
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`95.
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`On April 3, 2020, Enock Benjamin’s son, Ferdinand, called EMTs to assist
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`Enock, who was unable to breathe.
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`96.
`
`97.
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`Enock Benjamin died in his son’s arms before the ambulance arrived.
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`An autopsy report confirmed the Enock Benjamin died from respiratory
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`complications related to COVID-19.
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`98. Mr. Benjamin’s death was the predictable and preventable result of the JBS
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`Defendants’ failures to consider the safety of their workers.
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`99.
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`The Defendants knew, or in the exercise of a reasonable degree of care, should
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`have known that if OSHA and CDC guidance were not followed, workers would become
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`infected with and could succumb to COVID-19.
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`100.
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`Instead, the JBS Defendants placed profits over safety.
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`101. As a result of the JBS Defendants’ outrageous, reckless, and grossly negligent
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`actions which demonstrated a total disregard for the workers’ safety, Enock Benjamin became
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`infected with COVID-19 at JBS Souderton.
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`102. Mr. Benjamin died only days after leaving JBS Souderton for the last time.
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`Case 2:20-cv-02594-JP Document 1-1 Filed 06/02/20 Page 18 of 42
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`103. The JBS Defendants actions demonstrated a knowing willingness to sacrifice the
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`health of Mr. Benjamin and others for its’ own corporate greed.
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`Present Safety Conditions at JBS Souderton
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`104. On April 20, 2020, the JBS Souderton plant re-opened in Pennsylvania.
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`105. Based upon information and belief, JBS provided masks, a shield, and gloves
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`upon re-opening.
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`106.
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`JBS has failed to state publicly why these materials were not provided at JBS
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`Souderton prior to the March 30, 2020 shutdown.
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`107. Based upon information and belief, upon re-opening JBS is not regularly or
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`consistently taking employee temperatures.
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`108. Moreover, based upon information and belief, upon reopening JBS was still not
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`providing COVID-19 testing for all those at the facility.
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`109. A JBS Spokesperson stated that any worker who does not qualify as high-risk, but
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`is concerned about contracting COVID-19 “can choose to self-quarantine and take unpaid
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`leave.”
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`110.
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`JBS’ failure to even presently enforce necessary safety policies and procedures
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`demonstrate a continued failure to respect and appreciate the threat of harm to the public that the
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`continued unsafe operation of meat plants pose.
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`The Parties
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`111. Plaintiff, Ferdinand Benjamin, is an adult individual and a citizen of the
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`Commonwealth of Pennsylvania residing at the above captioned address.
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`Case 2:20-cv-02594-JP Document 1-1 Filed 06/02/20 Page 19 of 42
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`112. Ferdinand Benjamin brings this suit as the Personal Representative1 of the Estate
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`of Enock Benjamin, on his own behalf and on behalf of all statutory beneficiaries, and as the
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`personal representative of Enock Benjamin.
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`113. Enock Benjamin was, at all relevant times, an adult citizen of the Commonwealth
`
`of Pennsylvania, residing in Philadelphia County.
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`114. Defendant, JBS S.A., is a corporation organized and existing under the laws of
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`Brazil, with a principal place of business at the above captioned address.
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`115. At all times relevant to this cause of action, JBS S.A. was engaged in business
`
`within the Commonwealth of Pennsylvania on a regular, systematic, continuous, and substantial
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`basis.
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`116. At all times relevant to this cause of action, JBS S.A. regularly conducted
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`business in Philadelphia County.
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`117. At all relevant times, JBS S.A. was acting by and through its agents, servants
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`and/or employees, who were acting within the course and scope of their agency, service, and
`
`employment with JBS S.A.
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`118. Defendant, JBS USA Food Company (“JBS USA”), is a corporation organized
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`and existing under the laws of the state of Delaware, with a principal place of business at the
`
`above captioned address.
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`119. At all times relevant to this cause of action, JBS USA was engaged in business
`
`within the Commonwealth of Pennsylvania on a regular, systematic, continuous, and substantial
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`basis.
`
`
`1
`Due to COVID-19 restrictions, at present the Register of Wills of Philadelphia County is only entertaining
`emergency applications. Letters of Administration will be obtained at the first reasonable opportunity.
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`Case 2:20-cv-02594-JP Document 1-1 Filed 06/02/20 Page 20 of 42
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`120. At all times relevant to this cause of action, JBS USA regularly conducted
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`business in Philadelphia County.
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`121. At all relevant times, JBS USA was acting by and through its agents, servants
`
`and/or employees, who were acting within the course and scope of their agency, service, and
`
`employment with JBS USA.
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`122. Defendant, JBS USA Holdings, Inc. (“JBS Holdings”), is a corporation organized
`
`and existing under the laws of the state of Delaware, with a principal place of business at the
`
`above captioned address.
`
`123. At all times relevant to this cause of action, JBS Holdings was engaged in
`
`business within the Commonwealth of Pennsylvania on a regular, systematic, continuous, and
`
`substantial basis.
`
`124. At all times relevant to this cause of action, JBS Holdings regularly conducted
`
`business in Philadelphia County.
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`125. At all relevant times, JBS Holdings was acting by and through its agents, servants
`
`and/or employees, who were acting within the course and scope of their agency, service, and
`
`employment with JBS Holdings.
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`126. Defendant, JBS Souderton, Inc. (“JBS Souderton”), is a corporation organized and
`
`existing under the laws of the Commonwealth of Pennsylvania, with an address for service at the
`
`above captioned address.
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`127. At all times relevant to this cause of action, JBS Souderton was engaged in
`
`business within the Commonwealth of Pennsylvania on a regular, systematic, continuous, and
`
`substantial basis.
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`Case 2:20-cv-02594-JP Document 1-1 Filed 06/02/20 Page 21 of 42
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`128. At all times relevant to this cause of action, JBS Souderton regularly conducted
`
`business in Philadelphia County.
`
`129. At all relevant times, JBS Souderton was acting by and through its agents,
`
`servants and/or employees, who were acting within the course and scope of their agency, service,
`
`and employment with JBS Souderton.
`
`130. Defendant, Pilgrim’s Pride Corporation (“Pilgrim’s Pride”), is a corporation
`
`organized and existing under the laws of the state of Delaware, with an address for service at the
`
`above captioned address.
`
`131. At all times relevant to this cause of action, Defendant Pilgrim’s Pride was
`
`engaged in business within the Commonwealth of Pennsylvania on a regular, systematic,
`
`continuous, and substantial basis.
`
`132. At all times relevant to this cause of action, Defendant Pilgrim’s Pride regularly
`
`conducted business in Philadelphia County.
`
`133. At all relevant times, Defendant Pilgrim’s Pride was acting by and through its
`
`agents, servants and/or employees, who were acting within the course and scope of their agency,
`
`service, and employment with Pilgrim’s Pride.
`
`134. Upon information and belief, Defendant JBS USA Holdings, Inc. is a wholly-
`
`owned subsidiary of Defendant JBS S.A.
`
`135. Upon information and belief, Defendant JBS USA Food Company is a wholly-
`
`owned subsidiary of JBS USA Holdings, Inc.
`
`136. Upon information and belief, Defendant JBS Souderton, Inc. is a wholly-owned
`
`subsidiary of Defendant JBS USA Food Company.
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`Case 2:20-cv-02594-JP Document 1-1 Filed 06/02/20 Page 22 of 42
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`137. Upon information and belief, Defendant Pilgrim’s Pride is a subsidiary of
`
`Defendant JBS USA Holdings, Inc.
`
`138. Defendants, JBS S.A., JBS USA Food Company, JBS USA Holdings, Inc., JBS
`
`Souderton, Inc., and Pilgrim’s Pride Corporation, owned, operated, managed, and otherwise
`
`controlled the meat packing plant at 249 Allentown Road, Souderton, PA 18964 (“The JBS
`
`Souderton Plant”).
`
`139. Defendants, JBS S.A., JBS USA Food Company, JBS USA Holdings, Inc., JBS
`
`Souderton, Inc., and Pilgrim’s Pride Corporation, by and through their agents, servants, and/or
`
`employees, collectively and individually made decisions related to worker health, safety,
`
`protection, and sanitation in light of the COVID-19 pandemic.
`
`140. The JBS