TRACY — A widow is suing her late husband’s employer, Safeway, for wrongful death after he contracted COVID-19 at one of its warehouse distribution centers and died.
Pedro Zuniga, 52, was a longtime employee of the produce division of Safeway’s Distribution Center in Tracy, a large warehouse that employs 1,700 workers and distributes food for Safeway throughout the Bay Area and beyond. At least 3% of them, or 51 employees, contracted the coronavirus following an outbreak at the warehouse in April, according to Safeway statements at the time.
Zuniga, a father of five who lived in Turlock, was one of the workers who contracted the virus, and then died from complications April 13. He worked as a material handler in the produce department at the center for 22 years.
The lawsuit alleges Zuniga’s tragic death could have been prevented if Safeway had followed state and federal guidelines as well as common sense.
“Defendants instead prioritized their own greed over the physical health and survival of their employees,” the lawsuit maintains.
The lawsuit, filed in Alameda County Superior Court, alleges that Zuniga contracted the virus in “dangerous and hazardous conditions” at the warehouse. Despite the fact that other employees were exhibiting signs of COVID-19, workers were not given personal protective equipment, were forced to work in close quarters without any social distancing and “were deterred by their employer from calling in sick, according to attorney Paul Matiasic, who is representing the family.
“They did nothing,” said Matiasic on Thursday.
The only thing the company did provide employees with was a letter in case they were pulled over, to show that they were essential workers headed to work, he said.
Safeway concealed the outbreak and failed to implement any coronavirus safeguards until after Zuniga was hospitalized and critically ill, the lawsuit alleges.
“The systemic failures and concealment at the distribution center are best evidenced by the alarming number of employees who contracted COVID there — over 51. Safeway put production and profits over the protection of its workers. Tragically, the Zuniga family was forced to pay the price of Safeway’s misguided priorities,” Matiasic said in a statement.
Zuniga was a devout Catholic, and loved traveling, soccer and spending time with his three grandchildren, according to the lawsuit.
A sign posted at the distribution center in March for employee guidelines on coronavirus specifically informed workers that personal protective gear such as masks and gloves were not recommended. The lawsuit alleges this was contrary to guidelines and advice by both federal and state authorities.
In mid-March, workers at the warehouse began to fall ill with the virus, but were required to continue to work regardless, including extra shifts, the lawsuit alleges. Workers voiced their concerns about working, but were met with threat of losing “points,” which could lead to termination.
Zuniga had symptoms of the virus, and on April 1 received a test, which came back positive a few days later. He was admitted to a hospital soon after, with pneumonia and symptoms such as coughing, trembling and a fever. The day after he was admitted to the hospital, April 5, he went into the intensive care unit and was put in a medically induced coma. He died on April 13 of cardiopulmonary arrest and hypoxic respiratory failure caused by COVID-19.
People were bringing the virus home, and there are instances where family members of workers were getting sick, and some elderly family members even died, Matiasic said.
“It was a catastrophic situation. It’s bizarre Safeway did nothing until there was sheer panic, and people realized how bad things were for Pedro,” the attorney said.
“It wasn’t until after Pedro’s death that defendants (Safeway) began to change their tune with respect to safety measure at the Distribution Center — a woefully delayed move that can best be described as ‘too little, too late’ ” the lawsuit alleges.
As reported by this news organization, Safeway said after Zuniga’s death that all employees would undergo thermal temperature readings and a health screening before entering the Tracy facility.
Matiasic is also representing current distribution center Safeway employees in a separate but companion class-action suit, alleging violations of various state and labor code provisions.
