Case 2:21-cv-00089-JRG Document 1 Filed 03/16/21 Page 1 of 6 PageID #: 1
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`DANNY NORRIS COLEMAN
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`VS.
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`TYSON FOODS, INC.
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`§
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`§ CASE NO.
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`PLAINTIFF'S ORIGINAL COMPLAINT
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`TO THE HONORABLE JUDGE OF SAID COURT:
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`NOW COMES DANNY NORRIS COLEMAN, Plaintiff, complaining of TYSON FOODS,
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`INC., Defendant, and for cause of action would show the Court the following:
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` PARTIES
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`1.
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`Plaintiff is a resident of Shreveport, Caddo Parrish, Louisiana.
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`2.
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`Defendant, TYSON FOODS, INC., is an Arkansas Corporation licensed to do business
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`in Texas with business locations in Texas, and can be served with citation by serving its registered
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`agent for service, The Corporation Company at 124 West Capitol Ave; Suite 1900, Little Rock, AR
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`72201.
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`JURISDICTION AND VENUE
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`3.
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`Tyson Foods, Inc. is subject to this Court’s specific personal jurisdiction under due
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`process and the Texas Long Arm Statue. Defendant has minimum contacts within the State of Texas
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`and the Eastern District of Texas, and Defendant’s contacts with the State of Texas resulted in Plaintiff
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`sustaining injuries while working at a Tyson Food, Inc. plant located in Center, TX. The amount in
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`controversy exceeds Seventy-Five Thousand Dollars ($75,000).
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`DANNY NORRIS COLEMAN
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`VS.
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`TYSON FOODS, INC.
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`§
`§
`§ CASE NO.
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`§
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`PLAINTIFF'S ORIGINAL COMPLAINT
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`TO THE HONORABLE JUDGE OF SAID COURT:
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`NOW COMES DANNY NORRIS COLEMAN, Plaintiff, complaining of TYSON FOODS,
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`INC., Defendant, and for cause of action would show the Court the following:
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` PARTIES
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`1.
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`Plaintiff is a resident of Shreveport, Caddo Parrish, Louisiana.
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`2.
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`Defendant, TYSON FOODS, INC., is an Arkansas Corporation licensed to do business
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`in Texas with business locations in Texas, and can be served with citation by serving its registered
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`agent for service, The Corporation Company at 124 West Capitol Ave; Suite 1900, Little Rock, AR
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`72201.
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`JURISDICTION AND VENUE
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`3.
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`Tyson Foods, Inc. is subject to this Court’s specific personal jurisdiction under due
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`process and the Texas Long Arm Statue. Defendant has minimum contacts within the State of Texas
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`and the Eastern District of Texas, and Defendant’s contacts with the State of Texas resulted in Plaintiff
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`sustaining injuries while working at a Tyson Food, Inc. plant located in Center, TX. The amount in
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`controversy exceeds Seventy-Five Thousand Dollars ($75,000).
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`Case 2:21-cv-00089-JRG Document 1 Filed 03/16/21 Page 2 of 6 PageID #: 2
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`4. Venue is proper in this District Court under 28 U.S.C. § 1391(b). This district is a
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`judicial district in which a substantial part of the incident that is the subject of the action took place;
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`and is one in which Defendant is subject to the Court’s personal jurisdiction with respect to this action.
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`FACTUAL ALLEGATIONS
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`5.
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`On or about March 19, 2019 in Center, Shelby County, Texas, Plaintiff was working
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`as an employee at Tyson Food, Inc., located at 1019 Shelbyville St, operating a piece of machinery
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`used to cut chickens that he had been instructed to use by his supervisor, Sedrick Thomas.
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`6.
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`Plaintiff had never worked on this particular machine in the approximately three years
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`he had worked at Tyson. When he was instructed to work on this machine Plaintiff did not receive
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`training or supervision on how to properly and safely operate this equipment with which he was
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`unfamiliar.
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`7.
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`The Plaintiff was operating said machine, when suddenly and without warning,
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`Plaintiff’s glove became caught in the saw mechanism of the machine causing injury.
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`8.
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`As a result of this incident, Plaintiff sustained injuries including the loss of three
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`fingers.
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`CAUSES OF ACTION
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`9.
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`At the time and on the occasion above-described, the Defendant, TYSON FOODS,
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`INC., was guilty of the following acts of negligence:
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`Failure to properly train Plaintiff how to appropriately and safely operate the
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`machine in question.
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`Failure to properly and adequately supervise Plaintiff in the operation of the
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`machine in question.
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`Failure to provide Plaintiff proper safety equipment including proper gloves to
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`prevent an incident of this nature
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`Case 2:21-cv-00089-JRG Document 1 Filed 03/16/21 Page 3 of 6 PageID #: 3
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`Failure to properly maintain the equipment in question which resulted in
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`Plaintiff’s injuries.
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`Defendant knew, or should have known, failing to adequately train and
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`supervise Plaintiff in the operation of said equipment could have resulted in an incident
`and injuries of this nature, yet failed to do so.
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`10. Each of the above-described acts of negligence of Tyson Food, Inc.’s proximately
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`caused the occurrence in question and resulting injuries and damages to the Plaintiff.
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`GROSS NEGLIGENCE
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`11.
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`The wrong done by Defendant and/or their agents, servants, and officers was
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`aggravated by the kind of conduct for which the law allows imposition of exemplary damages, in the
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`Defendant’s conduct, when viewed objectively from Defendant’s standpoint at the time of the
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`conduct, involved an extreme degree of risk, considering the probability and magnitude of the
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`potential harm to others, and Defendant was actually, subjectively aware of the risk involved, but
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`nevertheless proceeded with conscious indifference to the rights, safety, or welfare of others
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`DAMAGES
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`12.
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`As a result of the above described negligence, the Plaintiff, DANNY NORRIS
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`COLEMAN has been injured in the following respects:
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`a. Past physical pain, suffering, and mental anguish;
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`b. Hospital, medical, doctor, ambulance and pharmaceutical bills incurred in the past;
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`c. Physical impairment to the person of the Plaintiff that has been incurred in the past;
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`d. Physical pain, suffering, and mental anguish that the Plaintiff will, in all reasonable
`medical probability, suffer in the future;
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`e. Hospital, doctor, medical, and pharmaceutical bills which the Plaintiff will, in all
`reasonable medical probability, incur in the future;
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`f. Physical impairment to the person of the Plaintiff which, in all reasonable medical
`probability, she will suffer in the future;
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`Case 2:21-cv-00089-JRG Document 1 Filed 03/16/21 Page 4 of 6 PageID #: 4
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`g. Loss of earnings and earning capacity in the past;
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` h. Loss of earning capacity in the future;
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`i. For such other and further relief as the Court deems proper
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`INTEREST
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`13.
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`The Plaintiff hereby seeks all Pre-Judgment and Post-Judgment Interest in the
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`maximum amounts as allowed by law on each separate and individual element of damage.
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`PLAINTIFF'S LIFE EXPECTANCY
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`14.
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`According to the United States Life Tables, 2018 National Vital Statistics Reports;
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`Vol. 69, No. 12, Plaintiff has a life expectancy of 20.3 years and Plaintiff intends to use a certified
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`copy of the United States Life Tables, 2018 National Vital Statistics Reports; Vol. 69 No. 12, and
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`offer same into evidence at the time of trial.
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`REQUEST FOR JURY TRIAL
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`15.
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`Plaintiff hereby requests a trial by jury.
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`PRAYER
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`WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully prays that upon a final
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`hearing she have judgment against the Defendant, Tyson Food, Inc. for the injuries and damages he
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`sustained in an amount exceeding $75,000.00 (Seventy Five Thousand Five Hundred and 0/100)
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`DOLLARS; for pre-judgment interest; for all costs of suit, and for such other and further relief,
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`general and special, legal and equitable, to which HE may be entitled to receive
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`Case 2:21-cv-00089-JRG Document 1 Filed 03/16/21 Page 5 of 6 PageID #: 5
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`Respectfully submitted,
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`BADDERS LAW FIRM, PC
`4002 North Street
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` Nacogdoches, Texas 7596
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`(936) 564-6181 (telephone)
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`(936)564-8095 (facsimile)
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`badders@badderslaw.com
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`/s/ - Jeff B. Badders
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`_________________________
`JEFF B. BADDERS
`State Bar No. 01496850
`badders@badderslaw.com
`Matthew Hancock
`State Bar No. 24072138
`Matt.h@badderslaw.com
`Attorneys for Plaintiff
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`Case 2:21-cv-00089-JRG Document 1 Filed 03/16/21 Page 6 of 6 PageID #: 6
`Case 2:21-cv-00089—JRG Document 1 Filed 03/16/21 Page 6 of 6 PageID #: 6
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