A wrongful death suit was filed this week by the widow of a supervisor who died with five others in a nitrogen leak at a Gainesville poultry plant.
The suit claims that the death of Corey Murphy, 35, a U.S. Army veteran with tours in Iraq and Afghanistan, was because of negligence by Messer Group, the maker of machinery involved in the leak. Filed on behalf of Colleen Murphy, it says a Messer employee had been at the plant a day or two before the deaths and failed to fix problems with the machine or warn workers of the danger the nitrogen could pose.
The Foundation Food Group Inc. facility, in the heart of Georgia’s mighty poultry industry, uses nitrogen to flash-freeze meat on its production lines. A conveyer belt problem led to unplanned maintenance, which precipitated the leak, federal investigators have said in initial findings. Nitrogen can reduce the amount of oxygen in the air and cause asphyxiation or cold burns from the frigid element.
“Messer has offered its support to the Foundation Food Group team, is cooperating fully with the investigating authorities examining this tragedy and is conducting its own investigation,” said company spokeswoman Amy Ficon. “We are reviewing the lawsuit and have no comment at this time.”
The Messer employee named in the suit couldn’t immediately be reached for comment. The Atlanta Journal-Constitution isn’t naming the worker because he hasn’t been charged or identified by authorities.
The leak was reported on the morning of Jan. 28. Messer had a few weeks earlier installed a new nitrogen-based flash-freezing system, replacing one that used ammonia, regulators say.
Some 130 workers had to flee the building, some later describing the freezing nitrogen fog they had to dodge. More than a dozen were injured. Six died: Jose DeJesus Elias-Cabrera, 45; Nelly Perez-Rafael, 28; Saulo Suarez-Bernal, 41; Victor Vellez, 38; Edgar Vera-Garcia, 28; and Murphy, who lived in Clermont.
They were remembered as dedicated workers trying to pound out a better life for their families.
“I talked to all these people daily,” said Yamilex Estrada, 25, who worked at the plant. “They were always there for me.”
The suit, filed by Gainesville’s Cook Law Group, asks for a jury to determine what Murphy’s family is owed.
Meanwhile, a coalition of organizers, activists, students, community members and attorneys sent a letter to Gov. Brian Kemp and other officials in state and federal government to implore them to ensure thorough inspections before workers return. Foundation Food Group Inc. has said the plant won’t reopen until it’s deemed safe.
Workers were told recently they were expected to return to work on Feb. 15. That didn’t happen. Employees have now been told they are expected to return Feb. 22, according to the letter distributed by GA Familias Unidas.
Many employees are eager to get back to work; many are also afraid, the letter said.
“Thorough, clear communication regarding the precautions and guidelines in place that guarantee their safety are, nonetheless, critical to their wellbeing,” said Paul Glaze, director of public affairs at GA Familias Unidas.
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