Publix Sued Over Employee's April Coronavirus Death: Report

MIAMI BEACH, FL — At the start of the coronavirus pandemic, Gerardo Gutierrez, a deli employee at a Publix in Miami Beach, asked if he could wear a face mask while working. The 70-year-old was told no, but soon caught COVID-19 from a co-worker and died from the virus in April, The Tampa Bay Times reported. Now, his family is suing the Florida grocer.

Publix eventually changed its stance on face masks. By the time that happened. Gutierrez had already fallen in, the Times reported.

In their lawsuit, which was filed in Miami-Dade County, his family said the grocery chain’s decisions involving face masks and worker safety during the pandemic led to Guteirrez’s death.

The lawsuit also reportedly references complaints that employees made against Publix to the Occupational Safety and Health Administration during the start of the pandemic. Among the complaints, employees said they weren’t allowed to wear face masks or gloves.

“This is a case that needs to be prosecuted and that we need to push forward in our court system and shed light on what Publix was doing and why they were doing it,” the family’s Miami-based attorney, Michael Levine told the Times. “The fact (that) they would chose profits over employees is shameful and disappointing.”