Case dml11 Doc 7044 Filed 07/11/12 Entered 07/11/12 16:06:41 Desc Main Document Page 1 of 2

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1 Case dml11 Doc 7044 Filed 07/11/12 Entered 07/11/12 16:06:41 Desc Main Document Page 1 of 2 Mark C. Brodeur ( ) Brodeur Law Firm 350 Founders Square 900 Jackson Street Dallas, Texas Telephone No. (214) Facsimile No. (214) Attorney for Claimant Jan Riley On Behalf of the Estate of Johnny Riley IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF TEXAS FORT WORTH DIVISION IN RE: CIVIL ACTION NO (DML) PILGRIM S PRIDE CORPORATION Chapter 11 Debtors. Jointly Administered NOTICE OF FILING ARBITRATOR S AWARD TO THE HONORABLE D. MICHAEL LYNN, UNITED STATES BANKRUPTCY JUDGE: In accordance with the Honorable Terry D. Means March 15, 2011 Order Modifying Injunction, Document No. 249, Case No. 4:10-cv Y in the U.S. District Court, Northern District of Texas, Fort Worth Division, counsel for Claimant Jan Riley on Behalf of the Estate of Johnny Riley files the Arbitrator s Award attached hereto as Exhibit A. Respectfully submitted, /s/ Mark C. Brodeur Mark C. Brodeur, Esq. BRODEUR LAW FIRM 350 Founders Square 900 Jackson Street Dallas, Texas

2 Case dml11 Doc 7044 Filed 07/11/12 Entered 07/11/12 16:06:41 Desc Main Document Page 2 of 2 CERTIFICATE OF SERVICE Telephone: (214) Telecopier: (214) ATTORNEYS FOR CLAIMANT I certify that on July 11, 2012, a true and correct copy of the foregoing Notice of Filing was sent via facsimile transmission to counsel for Debtors: David W. Parham, Esq. Baker & McKenzie, LLP 2300 Trammell Crow Center 2001 Ross Avenue Dallas, Texas Facsimile: (214) Matthew A. Nowak, Esq. Nowak & Stauch 4144 N. Central Expressway, Suite 300 Dallas, Texas Facsimile: (214) /s/ Mark C. Brodeur Mark C. Brodeur -2-

3 Exhibit Arbitration Award Page 1 of 5 JWA632-A2011 JANET RILEY ON BEHALF OF }{ IN THE ARBITRATION ESTATE OF JOHNNY RILEY, }{ DECEASED, CLAIMANT }{ }{ PROCEEDING BEFORE }{ VS. }{ }{ PILGRIM'S PRIDE CORPORATION }{ ARBITRATOR RESPONDENT } { A. REAGAN CLARK ARBITRATOR'S AWARD On the 12th and 13lh of June, 2012, an arbitration hearing was conducted by A. Reagan Clark, Arbitrator, at which time evidence was presented along with arguments of counsel in the above styled matter. Claimant's attorney is Mark C. Brodeur, 900 Jackson St., Ste. 350, Dallas, Texas Respondent's attorney is Matthew A. Nowak, 4144 N. Central Expressway, Ste. 300, Dallas, Texas The Claimant is Janet Riley, Representative of the Estate of Johnny Riley, Deceased and the Respondent is Pilgrim's Pride Corporation. The Arbitrator, having been agreed to by the parties and their counsel and having been duly sworn, hereby files this AWARD. Procedural Background Janet Riley, Representative of the Estate of Johnny Riley, Deceased, brings this Claim In Arbitration against Pilgrim's Pride Corporation, hereinafter called Respondent, for the recovery of damages for ordinary and gross negligence due to a work related injury sustained by Johnny Riley while in the course and scope of his employment with Respondent. At the time of the incident, Respondent was a non-subscriber to the Texas Workers' Compensation Act. This claim is being submitted by agreement to binding arbitration before the undersigned Arbitrator. Facts On April 11, 2008, Johnny Riley was injured after being struck from behind by a heavy "breader" machine being pushed in his direction by two of his co-workers. Riley was knocked to the floor suffering injuries to the right side of his body, namely: right ankle, right shoulder and, the most significant of which, an injury to his right hip and pelvic region. He expressed severe pain due to the injuries. Riley was treated at the emergency room at which time x-rays of his pelvic area were normal, however, the MRI scan did reveal several non-displaced fractures in the right pelvic region. He was placed on light duty at work. The workers pushing the breader machine into Riley were tested for drugs after the incident. One tested positive for having

4 Exhibit Arbitration Award Page 2 of 5 Pase2 marijuana in his system. There was no evidence of the worker being "high"or "intoxicated" by the marijuana found in his system. Riley stated the incident occurred as the result of a lack of communication and attention. On April 23, 2008, Riley visited William E. Blair, Jr., MD. Dr. Blair began treatment for his injuries. Riley was directed to remain on limited duty status, use his caliper crutches and attend physical therapy treatment which he did. On June 13, 2008, the Physical Therapy Discharge summary noted Riley's prognosis is "excellent". On July 9, 2008, after physical therapy treatment sessions along with several follow-up visits with Dr. Blair, he had progressed to the point Dr. Blair was of the opinion he was doing well and the pelvic fractures had healed. He released Riley to return to work on July 10, 2008, with no restrictions. Riley did return to full duty at his employment with Respondent. Dr. Blair scheduled a follow-up visit for Riley in October of 2008, however, Riley never returned to see Dr. Blair. Riley did not miss any workdays while working for Respondent after his return on July 10, He voluntarily terminated his employment with Respondent to seek a better paying job. He applied for a job with Chemical Lime on August 29, Riley completed a physical exam for Chemical Lime on September 16, Riley indicated on the physical exam history/information form that he had no physical impairments or decreased functions except for vision and decreased right-hand function both of which were unrelated to the April 11, 2008, injury. The report indicated his body mechanics were good and he could lift a 90# weight from the floor to his waist. There was no indication of record that he experienced any pain. On September 22, 2008, Riley began his employment at Chemical Lime at a $4.00 per hour wage increase. His supervisor and co-worker at Chemical Lime stated he interviewed and hired Riley and he saw Riley from time-to-time while working at his job. He never saw Riley walk with a limp and Riley never complained of pain. He did not have any difficulty performing his job duties. Riley had foot surgery on his left foot in July of 2009 due to a knot/nodule on the foot which was first noticed by Riley in January of This was unrelated to the injury in April of Due to extended medical leave for the left foot surgery, Riley was terminated by Chemical Lime in October of RiJey was diagnosed with cancer [unrelated to any injury] in late November of 2010, and died in January of 2011, from the disease. Janet Riley, the widow of Riley, and Jeremy Riley, the son of Riley, stated he complained of pain in his pelvic/hip and groin region along with having a lirnp from the date of the April, 2008 injury to the time of his death in January, Both Rileys stated he had difficulties in performing physical activities from the date of the injury to the date of his death in January, Janet Riley stated she did not know if his limp and his complaints of pain were due to the left foot issue that resulted in the surgery in July of 2009 or the injury in April of 2008.

5 Exhibit Arbitration Award Page 3 of 5 Pase3 Mitchell Brooks, MD, the testifying doctor, reviewed the records and stated he agreed with the treatment and the opinions of Dr. Blair. Dr. Blair opined that this type injury, once healed, would not cause continuing pain but there was a "possibility" it could. Dr. Brooks opined that minor residual pain [weather change, etc.] could be experienced. Both medical experts opined there should be no altered gait or limp afterwards. Claims and Defenses Claimant demands recovery in money damages for the following elements: 1. Respondent's ordinary negligence resulting in damages for; A. Pain and suffering; B. Mental anguish; C. Physical impairment; 2. Respondent's gross negligence, or, commission of a reckless criminal act which was ratified by Respondent; A. Exemplary damages. Respondent generally denies the allegations of Claimant, asserts special exceptions to the Claimant's demand along with asserting specific defenses to the claim. The Respondent is not entitled to any of the traditional common law defenses due to being a non-subscriber to the Texas Workers' Compensation Act. Findings After a review of the credible evidence and applying the proper burden of proof, the following findings are made: On April 11, 2008, Riley suffered a work related injury while in the course and scope of his employment with Respondent. At the time, Respondent was a non-subscriber to the Texas Worker's Compensation Act. The injury caused Riley pain. Respondent has stipulated to Respondent's ordinary negligence causing the injury which resulted in damages. The treating doctor's opinion is that Riley's injury "healed" and was "normal" after approximately 90 days. He was released to return to work on July 10, 2008, with no restrictions. The testifying medical expert, based on his review of the records, supports the treatment and opinions of the treating doctor. The physical exam conducted on September 16, 2008, at the request of Chemical Lime supports the doctor's opinion that Riley's condition was normal and that he had no impairment as the result of the injury on April 11, Further, Riley was able to perform his job duties at

6 Exhibit Arbitration Award Page 4 of 5 PageA Chemical Lime without any problems. He did not complain of pain and his supervisor/co-worker never noticed Riley walk with a limp. Riley was terminated at Chemical Lime in October of 2009, after extended medical leave due to left foot surgery [unrelated to the earlier injury] in July of [A knot or nodule had formed on Riley's left foot which was first noticed in January of 2009, and ultimately required surgery in July of 2009]. Riley died of cancer in January of 2011, which was unrelated to the work injury. Riley experienced pain and suffering from the work injuries sustained along with mental anguish. The co-workers pushing the "breader" machine were not "high" or "intoxicated" at the time of the incident. The incident was the result of the workers' failure to communicate and/or pay attention to their work surroundings. There is no finding of gross negligence and the incident did not occur as the result of a criminal act, reckless or otherwise. Respondent has paid all of Riley's medical bills which totals $7, There are no outstanding charges and Riley agrees there is no claim for medical damages. Respondent has stipulated, to which Riley agrees, the amount of $1, in lost wages. Upon leaving Respondent's employ, Riley was successful in obtaining employment at Chemical Lime with a $4.00 hourly wage increase. Conclusions As stipulated, Respondent's negligence is the cause of the injury and the resulting damages sustained by Riley. Medical bills were paid by Respondent as stipulated in the amount of $7, Lost wages as agreed are recoverable in the amount of $1, Riley's injuries healed and maximum medical improvement was achieved by July 9, There is no physical impairment. Janet Riley, Representative of the Estate of Johnny Riley, Deceased, is entitled to recover a reasonable amount of money damages from Respondent for pain and suffering from April 11,

7 Exhibit Arbitration Award Page 5 of 5 Page to July 9, Janet Riley, Representative of the Estate of Johnny Riley, Deceased, is entitled to recover a reasonable amount of money damages from Respondent for mental anguish from April 11, 2008 to July 9, Janet Riley, Representative of the Estate of Johnny Riley, Deceased, has not met the requisite burden of proof required to find gross negligence under any theory and/or statute which would allow a recovery of exemplary damages from Respondent. Award The Claimant is awarded the following reasonable damages in judgment against the Respondent: Lost Wages in the amount of $ 1, Pain and Suffering damages of $15, Mental Anguish damages of $5, Pre-Judgment Interest in the amount allowed by law. This Final Award is entered pursuant to the Rules in full satisfaction of all claims submitted in this arbitration. SIGNED this th^r/day of \lhulr 2012 A. Reagan < lark Arbitrator