Gutierrez v. Grimmway Enterprises, Inc. CA5
On March 29, 2012, a workplace accident occurred at King Pak Potato Capital Plant, a potato packing plant owned and operated by respondent Grimmway Enterprises, Inc. One of King Pak’s forklift drivers, respondent Hernandez Moreno, was loading potatoes into the truck of Baldemar Gutierrez (Gutierrez), who was assisting in the loading process from the cargo area of his truck, when the accident occurred. Gutierrez, but not Moreno, was injured and initially appeared in pain. He declined to take the load of potatoes as planned, but Gutierrez was able to leave King Pak on his own power with the intention of returning the next day to pick up his load. Gutierrez did not return, however, as within two to three days, he started spitting up blood and entered the hospital where he remained until his death less than 30 days later.
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