Court Allows Tort Claims by Family of Deceased Worker Against Allen Family Foods

WILMINGTON, Del. — A Delaware state court judge has ruled that the family of a poultry worker killed in a silo accident can pursue tort claims against an affiliate of the company now identified as the worker’s employer on the day of his death despite having previously identified the affiliate as the employer in seeking workers’ compensation benefits.

Delaware Superior Court Judge Jerome O. Herlihy reached that conclusion in an April 24 order, following a bench trial on the issue.

The case was brought by the family of Herbert Mitchell, who died in a silo accident at the Allen Hatchery …