RENATA BARKER, Administratrix of the ESTATE OF BRIAN K. BARKER, Deceased, and in her own right v. TYSON FOODS, INC.


The U.S. District Court for the Eastern District of Pennsylvania dismissed a wrongful death lawsuit brought by the surviving spouse of a former Original Philly Cheesesteak Co. meat packing plant worker who died three weeks after being exposed to COVID-19 on the job. Plaintiff argued that Tyson, the parent company, was liable for wrongful death because it did not require the use of PPE and maintained a work-while-sick policy that penalized those who took sick days. The court dismissed Plaintiff’s suit after ruling that workers compensation is the sole remedy for job-related injuries, and therefore, both Tyson and Philly Cheesesteak are immune from litigation relating to Plaintiff’s husband’s death. The suit was dismissed with prejudice, meaning that the plaintiff may not attempt to amend her complaint or sue Tyson for the same cause of action again.

[To accompany Federal Case Law Update "Federal Court Dismisses Meatpacker Covid-19 Wrongful Death Suit Against Tyson Foods" from Brooks Animal Law Digest Issue No. 117.]