By Katie Buehler

Law360 (May 6, 2020, 4:06 PM EDT) -- The wife of a forklift driver who died from COVID-19 in late April has filed a wrongful death suit in Texas state court, accusing his employer of refusing to take the coronavirus pandemic seriously and forcing sick employees to continue working.

Blanca Esther Parra claims in a Dallas County District Court suit made publicly available Tuesday that her late husband, Hugo Dominguez, 36, contracted COVID-19 from sick co-workers at Quality Sausage Co. LLC's Dallas factory in early April and was told to continue working or lose his job.

Dominguez continued working at the factory until he was physically unable to, just a few days before his death April 25, according to the petition. COVID-19 has killed more than 71,000 Americans as of Tuesday, according to data from Johns Hopkins University. There have been 4,623 confirmed cases in Dallas County, with 121 deaths.

"During the course and scope of his work, [Dominguez] was driving the fork lift, and as his symptoms became evident, he was told to report to work and to keep at it — otherwise he would have been laid off," Parra said. "A man with a strong work ethic and deep commitment to his children and family, he continued to work till the day he just couldn't go on, and a few days later he was gone …"

Parra said once Dominguez contracted the illness, he separated himself from her and his two children.

On April 8, it had become apparent that workers in the factory were sick with COVID-19 but were still working in close proximity with other workers, according to the petition. Parra claims Quality Sausage didn't provide workers with personal protective equipment and didn't abide by the U.S. Centers for Disease Control and Prevention or Dallas County's social distancing guidelines.

Quality Sausage, founded in 1976, provides precooked meat products to restaurant chains and industry clients both around the country and world, according to the company's website. Its Dallas facility was open and operating up until April 24. Dallas County health officials are currently investigating the company's response to the pandemic, according to the petition. The county didn't immediately respond to a request for comment.

Parra claims the facility was only shut down after another of Dominguez's coworkers died from COVID-19. She accuses the company of valuing profits over human life.

"His death could have been prevented had the company spent a small segment of its $100 million profits to protect its underpaid and overworked employees," she said.

Parra's suit alleges proximate and direct negligence and wrongful death claims against Quality Sausage and is seeking an unspecified amount of damages greater than $1 million.

Parra's attorney Shayan Elahi of Elahi Law & Mediation Firm PLLC told Law360 on Wednesday that he hopes this lawsuit acts as a message to Quality Sausage Co. and other employers who might be taking advantage of their workers that there are people who will hold them accountable. He said he hopes other companies who might be acting similarly to Quality Sausage Co. will stop only looking at their bottom lines. 

"This lawsuit is to let other companies know that they need to be cautious and they need to do the right thing so other lives can be saved," Elahi said. 

A representative for Quality Sausage couldn't immediately be reached Wednesday.

Parra is represented by Shayan Elahi of Elahi Law & Mediation Firm PLLC.

Counsel information for Quality Sausage Co. wasn't immediately available Wednesday.

The case is Blanca Esther Parra et al. v. Quality Sausage Co. LLC, case number DC-20-06406, in the 44th District Court of Dallas County, Texas.

Update: This story has been updated with comment from Parra's counsel.

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