in Re Pilgrim's Pride Corporation, Christopher Bentley, and Kyle Martin

CourtCourt of Appeals of Texas
DecidedAugust 3, 2022
Docket10-21-00305-CV
StatusPublished

This text of in Re Pilgrim's Pride Corporation, Christopher Bentley, and Kyle Martin (in Re Pilgrim's Pride Corporation, Christopher Bentley, and Kyle Martin) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
in Re Pilgrim's Pride Corporation, Christopher Bentley, and Kyle Martin, (Tex. Ct. App. 2022).

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-21-00305-CV

IN RE PILGRIM'S PRIDE CORPORATION, CHRISTOPHER BENTLEY, AND KYLE MARTIN

Original Proceeding

From the 170th District Court McLennan County, Texas Trial Court No. 2021-1030-4

MEMORANDUM OPINION

In this original proceeding, Relators Pilgrim’s Pride Corporation (Pilgrim’s Pride),

Christopher Bentley (Bentley), and Kyle Martin (Martin) have filed a petition seeking

mandamus relief from the trial court’s October 21, 2021 discovery order. We will

conditionally grant the petition in part and deny it in part.

Factual and Procedural Background

Jonathan Barrett died, and Daniel Kendall and Brandon Lawler both suffered

serious injuries, when a ceiling panel on which they were standing collapsed beneath them at Pilgrim’s Pride’s poultry plant in Waco, Texas, on or about January 26, 2021.

Thereafter, in April 2021, Daniel Kendall (Kendall) and his wife Lauren (together, the

Kendalls) took a Rule 202 deposition of Bentley, the head of engineering at the Pilgrim’s

Pride plant. See generally TEX. R. CIV. P. 202. The Kendalls subsequently filed a negligence

suit against Pilgrim’s Pride, Bentley, and Martin, the complex manager at the Pilgrim’s

Pride plant. The Kendalls later amended their pleadings to add NBMC, Inc. (NBMC) as

a defendant.

The Kendalls made the following allegations in their live pleading at the time of

the trial court’s complained-of ruling: Pilgrim’s Pride decided to have some renovations

done at its Waco plant. Pilgrim’s Pride had a company policy prohibiting the use of a

general contractor for projects at the plant; instead, Pilgrim’s Pride took on the tasks

normally assigned to a general contractor. Pilgrim’s Pride assigned Bentley as the

“Project Engineer” for this renovation project; therefore, Bentley assumed the duties

normally undertaken by a general contractor’s superintendent at a renovation project.

The Kendalls alleged that Pilgrim’s Pride contracted with Baker Refrigeration

Systems Inc. (Baker Refrigeration) to perform the refrigeration portion of the renovation

project. The Baker Refrigeration crew, of which Kendall was a member, was assigned to

work in an area above the ceiling of a large storage room. The storage room ceiling panels

served as the floor for the Baker Refrigeration crew as they worked. The Kendalls alleged

that Pilgrim’s Pride also contracted with NBMC to perform the demolition of equipment,

the concrete work, and the replacement of walls and ceilings for the renovation project.

In re Pilgrim's Pride Corp. Page 2 Before the ceiling panel collapsed, NBMC performed demolition work in the Baker

Refrigeration crew’s work area above the ceiling of the storage room.

The Kendalls alleged that the Baker Refrigeration crew had been working for

several days at the plant in the designated work area before the ceiling panel collapsed.

The day before the collapse, Bentley was in the storage room below the area where the

Baker Refrigeration crew was working when he saw the storage room ceiling “flexing

and bowing.” Bentley therefore knew that the storage room ceiling panels that served as

the floor for the Baker Refrigeration crew as they worked were dangerous. Bentley,

however, did not notify the Baker Refrigeration crew of the dangerous condition, did not

lock the gate to the area, and did not put up a caution sign or tape. Instead, without

notifying others at Pilgrim’s Pride and without completing a feasibility analysis, Bentley

specifically approved a plan to use a scissor lift as a brace to support the ceiling panels so

that the Baker Refrigeration crew could continue to work. But the collapse occurred

before any such plan was implemented.

The Kendalls alleged that as part of the renovation project, Pilgrim’s Pride had

implemented a procedure requiring Baker Refrigeration to apply for a “hot works

permit” whenever it needed to engage in welding, cutting, or grinding inside the

building. On the morning of the day that the ceiling panel collapsed, Pilgrim’s Pride

issued a “hot works permit” authorizing the Baker Refrigeration crew to cut pipe that

needed to be removed in the designated work area above the storage room ceiling.

Martin also came into the work area that morning and observed the Baker Refrigeration

crew working in the designated work area above the storage room ceiling. Martin did

In re Pilgrim's Pride Corp. Page 3 not warn the crew of the dangerous condition. The Kendalls alleged that while the Baker

Refrigeration crew was then working on the pipes, a ceiling panel collapsed and fell out

from under Kendall’s feet, creating a hole where the panel had been. Three workers fell

through the hole in the ceiling and onto the concrete floor of the storage room below. As

a result, Kendall was severely injured, and his supervisor was killed. 1

Pilgrim’s Pride, Bentley, and Martin jointly answered the Kendalls’ pleading with

a general denial of the Kendalls’ allegations. Pilgrim’s Pride, Bentley, and Martin further

asserted that the Kendalls’ factual allegations produced “an inaccurate picture of the

incident” and inaccurately represented Bentley’s Rule 202 deposition testimony.

Accordingly, Pilgrim’s Pride, Bentley, and Martin put forward their own factual

allegations in their answer as follows: The incident was a “tragic accident” that occurred

in the attic space above where the “Waco Line 4 Freezer Replacement Project” was taking

place. Before the bidding process for the renovation began, Baker Refrigeration inspected

the facility. Furthermore, after being selected to complete the project, Baker Refrigeration

inspected the jobsite a second time before beginning its work.

Pilgrim’s Pride, Bentley, and Martin alleged that a few days after the work began,

and the day before the ceiling panel collapsed, Bentley noticed that “the ceiling above

Line 4 (which also served as the attic floor) was bowing and flexing to an unacceptable

extent” because several of Baker Refrigeration’s employees/subcontractors were

1 Shortly after the Kendalls filed suit, Brandon Lawler and his wife Kimberly Stone filed a petition in intervention asserting negligence claims against Pilgrim’s Pride, Bentley, Martin, and Baker Refrigeration. Additionally, Summer Barrett, individually and as the surviving spouse and representative of the estate of Jonathan Barrett, filed a petition in intervention asserting negligence claims against Pilgrim’s Pride, Bentley, and Martin.

In re Pilgrim's Pride Corp. Page 4 concentrated in a relatively small area where they were removing old, heavy

piping/valves. Bentley thereafter notified Jonathan Barrett (Barrett), Baker

Refrigeration’s supervisor, that the work needed to stop because the excessive weight

that the Baker Refrigeration workers were placing on the ceiling panels while performing

their jobs was creating an unsafe situation. Bentley further suggested that a safer,

alternate way for the Baker Refrigeration employees/subcontractors to complete the

removal of the pipes/valves would be to take out the whole ceiling and use scissor lifts

and forklifts to remove the pipes. But Baker Refrigeration rejected the idea. Barrett told

Bentley that he felt like it would be unsafe to use scissor lifts in that way.

Pilgrim’s Pride, Bentley, and Martin alleged that Baker Refrigeration instead

developed its own plan.

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