The family of a teenager who passed away at Mar-Jac Poultry in Hattiesburg has filed a wrongful death lawsuit against the company.
Edilma Ramirez, the mother of 16-year-old Duvan Perez, has begun the litigation process against Mar-Jac following a July 2023 incident in which the teen was reportedly pulled into a machine while deep cleaning the plant’s deboning area. While sanitizing the still-energized machine, the teen was caught in the rotating shaft and sprockets and pulled in, sustaining fatal injuries.
Perez’ mother is seeking an unspecified amount of money in punitive damages and other expenses related to the teenager’s death.
The lawsuit alleges that the teen passed away due to the company’s disregard for basic safety procedures at the processing plant. In light of Perez’s death, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) issued a report casting blame on Mar-Jac for the teen’s passing.
OSHA also cited Mar-Jac Poultry with 14 serious and three other-than-serious violations after finding the company failed to:
- Ensure energy control procedures were used to prevent the unexpected start-up of machines while employees performed sanitation, exposing workers to caught-in hazards.
- Ensure employees use lockout/tagout devices on machinery when performing cleaning.
- Ensure an energy control procedure includes specific steps for blocking and securing portions of the machinery while workers perform cleaning.
- Failed to ensure the machinery retained guarding to prevent employees from entering danger zones while the machinery was in operation.
- Cover open holes in 480-volt electrical cabinets, exposing workers to electrical hazards.
- Prevent workers from using portable ladders incorrectly to gain access to elevated work surfaces, exposing workers to fall hazards.
The federal regulator also proposed $212,646 in penalties — an amount set by federal statute — against the company.
An additional defendant in the lawsuit is Onin Staffing, a contractor accused of being responsible for seeking out employees for the chicken processing facility. According to the Hattiesburg American, Mar-Jac officials claimed that they did not know Perez was a minor and explained that Onin Staffing provides the company’s workers. The chicken processing company alleged that the teenager’s identification showed that he was over 30 years old.
This is the third death the plant has experienced since 2020.
