ASSOCIATED PRESS

July 7, 2008

Suit: Stanislaus Company Moved Dead Worker's Body

STOCKTON, Calif. -- A lawsuit has been filed against the former employer of an immigrant worker who died during a Central Valley heat wave and claims the company moved the dead man's body to a nearby orchard to escape responsibility.

Pedro Servin collapsed in 2006 while working a $6.75-an-hour job for General Pallet in Vernalis. The 43-year-old suffered heart failure while working on his boss' car.

Plaintiff's attorney Douglas Gessell said owners Jose and Joe Lopez, and an employee, Rogelio Sanchez, moved Servin's body to avoid paying workers' compensation benefits and other fines. The suit seeks damages for intentionally inflicting emotional distress on Servin's parents, who live in Mexico.

General Pallet's attorney Mark Perelman said a reasonable explanation will be presented in court for the movement of the body. The attorney also argued in documents that Servin's parents don't deserve damages because Gessell cannot prove the company intentionally tried to harm them.

The lawsuit comes on the heels of another heat-related death involving an immigrant worker. Maria Isabel Vasquez Jimenez, 17, died of heatstroke while working in a Farmington vineyard in May.

The girl's death raised calls for a greater emphasis on farm safety practices for migrant laborers.