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Gerardo Guterres, 70, was charged Monday in Miami-Date County with being infected with the virus by a colleague. It argues that in the early months of the epidemic it was concerned that chain face masks would frighten customers.
CNN approached the public for comment, but did not immediately respond.
Guterres was prosecuted for working at a Miami Beach location when other employees began to display signs of Govt-19 on March 27-28.
The case further states that the public should have known or should have known that the employee was showing signs and symptoms, but failed to send her home or confirm that she did not come to work.
On April 2, Guterres was asked to be isolated at home, but by April 7, he complained that he had tested positive for Kovit-19. He passed away on April 28th.
The lawsuit was probably funded by a lawsuit filed by Occupational Safety and Health Administration, a federal agency that protects workplace safety.
On March 19, a complaint was received from a store in Palmetto Bay, Florida, alleging that the company “refuses to wear gloves or masks because corporate claims to intimidate customers.”
CNN has approached the OSHA for comment.
“What this case really is is that a company that makes a profit on the backs of these workers tells them you can’t wear a mask, you can’t wear a BPE, you can’t protect yourself,” Michael Levine, a lawyer representing Guterres ’family, told CNN.
The lawsuit alleges “damages of more than $ 30,000, excluding interest and expenses.”
CNN’s Bill Cast contributed to this report.
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