Lawsuit in Hatchery
DOVER, Del. (AP) - A judge has ruled that the family of a man killed at a Delmar chicken hatchery can pursue a lawsuit against Allen Family Foods.
Herbert Mitchell was killed in 2008 when tons of soybean meal fell on him at the Allen Hatchery. The hatchery is part of a series of corporations that include Allen Family Foods.
Allen Family Foods began paying death benefits to Mitchell's family under Industrial Accident Board procedures, but the family later sought board permission for additional compensation from the company.
Under state law, the family's sole remedy is through workers compensation if Mitchell was an employee of Allen Family Foods.
But the judge ruled this week that Mitchell was an employee of Allen Hatchery, not Allen Family Foods, meaning his survivors could pursue a separate lawsuit.
Jail Time in Chicken Deaths
SALISBURY, Md. (AP) - A Delmar man was sentenced to 60 days in jail for turning off power to a chicken house and causing the death of about 70,000 birds.
Twenty-one-year-old Joshua Shelton was convicted Thursday in Wicomico County Circuit Court of fourth-degree burglary. He was sentenced to three years with all but 60 days suspended.
The Daily Times of Salisbury reported that Shelton was also ordered to serve three years' probation following release.
Shelton was found lying in the power control shed at the Delmar farm last August. Authorities say he was wearing a T-shirt and boxer shorts and smelled of alcohol. Shelton told investigator he didn't remember going into the shed, according to charging documents.
The loss of the chickens was estimated at $20,000 and the cleanup was estimated at $5,000.
