Publix slapped with wrongful death suit after Florida employee dies of COVID-19

nypost ^ | 11/24/2020 | Hannah Sparks

[ChicagoConservative27]

An employee at a Publix supermarket in Miami-Dade county was allegedly prohibited from wearing a mask at work. Now his family is suing the company over his death.

The coronavirus had already made its way well into the US by the time Gerardo Gutierrez, 70, asked his employer if he’d be permitted to wear a face mask while he worked. Despite the fact that his deli counter colleague was showing signs of the illness as they worked together on March 27 and 28, Publix told him that masks were not allowed because they may “scare” customers, the family’s lawyer has claimed.

[Trumplican]

“Hard to believe that a store manager would forbid a 70 employee from wearing a mask, when the mask is desired for health reasons.”

Yeah, I call B.S.

[TheWriterTX]

Incorrect.

They only have to prove that the employer did not take reasonable steps to protect employees. Denying a face mask request was stupid, allowing an employee exhibiting symptoms to work was stupid.

They are going to pay up on this one.

[TheWriterTX]

For some people, Covid is not a joke.

I had it and now I have cracked glass lungs. Hospitalized twice because of it. This shit cut years off my life.

The masks don’t work, but try convincing a jury of brainwashed jurors of that.

[TexasGator]

“Hard to believe that a store manager would forbid a 70 employee from wearing a mask, when the mask is desired for health reasons.”

This was back in March.

[EBH]

It isn[t that the mask saves him, but if the management team failed to enforce the policy on the public. No shirt, no shoes, no mask, no service paradigm.

[rwilson99]

That’s the issue... masks are nonsense.

If there is a pandemic and you didn’t send the sick guy home... that’s the liability.

[mewzilla]

The masks aren’t nonsense.

They’re formites. Which was why Publix was initially okay with dispensing with them. They created issues, not solved any.

The family is likely hoping for a quick payday.

Publix would be nuts to settle, especially since Congress has abdicated its responsibility to protect biz large and small from nuisance suits.

[caseinpoint]

There are lots of questions about the efficacy of masks. As far as virus deterrence is concerned. it is like trying to stop mosquitos with a chain link fence.

[attiladhun2]

Who profits? Amazon Prime. Big Tech, Big Pharma, the Chicoms, and the DeepState are all involved in this reset scamdemic for control and profit.

[Reno89519]

Seems all day but the second ploy work, equally odd to refuse to let a 70 year old wear a mask when he asked to. This will cost them lots of money. No sympathy for the company.

[Boomer One]

Employees at my Publix in SW Florida have been wearing masks all along. Is the East coast different?

[Fireone]

I was going to say the same thing...I was in several different Publix stores, over the past month. All the employees were wearing masks.

[Svartalfiar]

The coronavirus had already made its way well into the US by the time Gerardo Gutierrez, 70, asked his employer if he’d be permitted to wear a face mask while he worked. Despite the fact that his deli counter colleague was showing signs of the illness as they worked together on March 27 and 28, Publix told him that masks were not allowed because they may “scare” customers, the family’s lawyer has claimed.

Huh? well this doesn't make much sense... Most places I've been to, the deli guys almost always wore a mask/hairnet - they handle unsealed product, that is often NOT cooked by the customer. Just like the meat counter butchers, they often wore masks even though their product is cooked by the customer. I highly doubt a grocery store would ban its deli counter guys from wearing a mask, instead of requiring one!

On a side note, it sounds like they probably should have sent the sick dude home, though did he even test positive for the ChinaVirus? Probably not, as back in March there was almost no testing anywhere! So can they even confirm he did, in fact, get infected at the Publix?

[Honest Nigerian]

Here we have a company like Publix that suffered greatly during the pandemic and did everything possible to supply essentials (including toilet paper, hand sanitizer, food, beer and wine) to the citizenry. Now we learn that a lawyer named Michael Levine is trying to cash in on the tragedy of deceased Publix employee Gerardo Gutierrez, who was actually loved by his own family. While his death is a very sad thing, one must imagine that a lawsuit is not going to bring the dead guy back. And how in the world will it be possible to prove that Publix was to blame?
I wonder where this lawyer shops for groceries.

[who knows what evil?]

Publix is the most totalitarian of the grocery store chains in western North Carolina...I find this story hard to believe, although I enjoy a good dose of karma. This was always about lawyers and control, not health.

[Deplorable American1776]

Publix in my neighborhood (3 of them near me) all require face masks. So does Traders Joe's and Fresh Market is not saying that they won't shop, but they do ask.

I think it is BS. I know Publix is employee owned, and the stock is worth money, so if I was Publix, I'd give them double the stock worth. Win-win... Oops, wrong store... 😀

[who knows what evil?]

Store policy right from square one should have been ‘SHOP AT YOUR OWN RISK’...there is no proof one way or another that masks work, and that choice should have been left up to customers. Wear a mask, or don’t.

[lastchance]

You are assuming the suit claims are truthful. Fraud is big in Miami Dade especially when a big payoff from deep pockets is in sight. You forget too there are health department regulations regarding sick people handling food. I doubt Publix would permit a person showing symptoms of a respiratory virus to work at the deli counter.

[who knows what evil?]

Masks STILL scare customers, because many healthy patrons consider them ‘virus-infected petri dishes’.

[John 3_19-21]

The payout by Publix for this lawsuit will amount to pocket change compared to what it’s going to cost them for the $15 minimum wage law Florida just voted in.