The family of a man who was allegedly killed by falling ice at a Pilgrim's Pride plant in Mount Pleasant, Texas, is suing the company that designed and manufactured the equipment that makes ice at the plant.
The wife and children of Pablo Lopez filed a complaint in Texarkana federal court Tuesday against VI Acquisitions, LLC, with the help of Texarkana lawyer Kelly Tidwell. According to the complaint, VI Acquisitions does business under the name Vogt Ice and Turbo Refrigerating.
Lopez worked for Pilgrim's from 2007 to 2014. On Oct. 17, 2014, while working in the plant's "ice house," Lopez was "struck by and engulfed by ice causing injuries and ultimate death," the complaint states.
The complaint alleges the ice equipment was unsafe because it allowed ice to build up to over 15 feet and did not provide protections from engulfment or falling ice.
"At the time that the ice equipment was built, sold and installed, there were safer alternative designs, other than the design used in the subject equipment that would have prevented or significantly reduced the risk of Mr. Lopez's injuries and death," the complaint states.
VI Acquisitions claims the ice equipment at issue was manufactured by Turbo Refrigeration and that Vogt Ice bought Turbo after the equipment was sold to Pilgrim's.
"Defendant contends it simply purchased the assets of Turbo and did not assume the liabilities," the complaint states. "However, the documents produced by the end user show Vogt Ice was involved in the design, manufacture, sale, distribution and/or installation of the productDefendant has also held itself out as doing business as Turbo Refrigeration. Defendant at a minimum was in a joint venture, partnership or assumed the liability of Turbo based on its acquisition of Turbo, its representations to the public and/or course of conduct."
The complaint seeks damages for product liability and negligence. Lopez's family is asking for compensation for medical, funeral and burial expenses, physical pain and mental anguish, financial loss, and loss of companionship.
The case has been assigned to U.S. District Judge Robert Schroeder, III, in the Texarkana Division of the Eastern District of Texas. VI Acquisitions has not yet been served with a copy of the complaint.