Ag company, family settle lawsuit
The family of a Brawley man who was killed after falling into a sugar beet harvester in May 2015 recently reached a settlement for more than $1 million with the local agricultural company that operated the fields where the fatal incident took place.
The $1,037,500 settlement was reached on Aug. 1, nearly a year after the wrongful death lawsuit was initially filed, said Tyler Barnett, attorney for the surviving family members of 61-year-old Jose Rodriguez.
“A settlement is always a compromise, and this was a very favorable settlement under the circumstances,” said Barnett, with the Marina del Rey-based law firm of Yuhl Carr LLP.
At the time of his death, Rodriguez was employed as an independent truck owner-operator hauling loads of sugar beets from fields owned and farmed by the defendants, Brawley-based Osterkamp Farms, said Barnett.
The fatal incident reportedly occurred at about 3:30 a.m. May 19, 2015, in an agricultural field near Keystone and McConnell roads. At the time of the incident, Rodriguez was reportedly standing near the rear of a beet harvester machine along with the machine’s operator, who was employed by Osterkamp Farms, Barnett said.
At some point, the machine operator had reportedly left the rear of the beet harvester, entered the cab of the tractor and allegedly engaged the harvesting machine without confirming where Rodriguez was located or determining that Rodriguez was clear of the machinery, Barnett said.
After the harvester was reportedly in operation for 30 seconds to a minute, the operator returned to the rear of the machine where he reportedly discovered Rodriguez’s body inside, Barnett said.
Rodriguez was declared dead at the scene as a result of multiple traumatic injuries, the county Coroner’s Office reported.
During initial court proceedings, the defendants had claimed through their pleadings that Rodriguez was comparatively at fault for the fatal industrial accident, Barnett said.
Specifically, the defendants had contended that Rodriguez should have realized that the power to the harvester was about to be engaged and should not have placed himself in a position of danger, and that he had no reason to be near, or on, or “in” the harvester, Barnett said.
He refuted the argument that Rodriguez was completely at fault.
“The employer of the machine operator is vicariously liable for the negligible acts of its employee,” he said.
A request for comment from Osterkamp Farms was not responded to by press time.
The fatal incident had also resulted in various fines totaling $35,110 against Keystone Agricultural Co., a subsidiary of Osterkamp Farms, according to a state Department of Industrial Relations spokesperson.
The six violations — four of which are classified as “serious” — and resultant fines are being appealed, stated DIR spokesman Peter Melton in an email.
The six violations were initially issued Nov. 19, 2015, and subsequently appealed on Dec. 9, 2015, according to information provided by DIR.
A $15,750 fine was issued as a result of the beet harvester machine not having a guard in place on the machine’s carousel at the time of incident, a DIR Occupational Safety and Health (DOSH) report related to the fatal incident report stated.
Additionally, a $12,600 fine was issued as a result of the machine operator failing to follow guidelines meant to ensure all employees are clear of equipment prior to starting an engine, engaging power or operating machinery, the report stated.
Prior to the fatal incident, Rodriguez and the operator of the beet harvester had been clearing mud from the harvester’s rollers, which separate the beets from debris, the DOSH report stated. At the time that the machine operator returned to the tractor to engage the harvester machine, he was under the impression that Rodriguez had returned to his truck, the report stated.
“The cause of the accident was the lack of procedures for the beet harvesting when cleaning and repairs are performed, including a lack of training and communication between tractor operators and truck drivers,” the DOSH report stated.