Josefina Becerra Hernandez, individually and as Trustee for
the estate of Felipe Ledesma Cruz, deceased, and for
Rebecca Ledesma Becerra, Plaintiff, v. Terry Alan Flor,
Central Landscaping, Inc., Central Turf Farms, and
Champion Home Builders Co., Defendants.
Civil File No. 01-183 (PAM/RLE)
UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF MINNESOTA
2002 U.S. Dist. LEXIS 23208
November 29, 2002, Decided
Plaintiff, the wife of a deceased migrant worker, sued
defendants, a mobile home owner, the decedent's employer,
and the mobile home manufacturer, for negligence,
violations of the Migrant and Seasonal Agricultural Worker
Protection Act (AWAP), 29 U.S.C.S. ß 1801 et seq., and
products liability. The wife, the employer, and the
manufacturer filed summary judgment motions; the wife
and the manufacturer moved to exclude expert testimony.
The decedent was killed when the mobile home caught fire.
The only smoke detector in the mobile home was
inoperable. The employer deducted rent payments from the
decedent's paycheck and performed some maintenance
work on the mobile home. The court found that the owner
was negligent per se under Minn. Stat. ß 299F.362, which