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Class action civil complaint filed against Mayfield Consumer Products

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Posted at 10:23 PM, Dec 15, 2021

(LEX 18) — Amos Jones Law Firm, Elijah Johnson of Mayfield, and several workers filed a class-action lawsuit against Mayfield Consumer Products Wednesday night.

According to the lawsuit, Johnson and others involved in the lawsuit were working the night shift for Mayfield Consumer Products on December 10, 2021, at 112 Industrial Drive, Mayfield, Kentucky 42066, when the tornado hit and destroyed the candle factory and caused their injuries.

"Thus, the Kentucky OSH law required the Defendant (Mayfield Consumer Products) to provide a workplace free from serious recognized hazards including tornados and comply with standards, rules, and regulations issued under KRS Chapter 338."

The lawsuit says that Johnson along with 109 other employees continued to work even though the Defendant knew or should have known about the expected tornado and the danger of serious bodily injuries and death to its employees if its employees were required to remain at its place of business during the pendency of the expected tornado.

"Defendant had up to three and half hours before the tornado hit its place of business to allow its employees to leave its worksite as safety precautions. Thus, Defendant showed flagrant indifference to the rights of Plaintiff Johnson and to the other similarly situated Plaintiffs with a subjective awareness that such conduct will result in human death and/or bodily injuries"

"The Defendant even threaten to terminate any employee that left because of the expected tornado in the hours before the tornado actually hit its place of business. Defendant showed flagrant indifference to the rights of Plaintiff Johnson and to the other similarly situated Plaintiffs with a subjective awareness that such conduct will result in human death and/or bodily injuries."