Scherr Achieves Major Recovery in Workplace Death Case

On April 5, 1997, the El Paso Herald-Post reported that Continental Sprayers, a subsidiary of Contico International Inc., settled a wrongful death lawsuit with the parents of a Mexican maquiladora bookkeeper. Attorney James Scherr represented the family of the bookkeeper, Lorena Mendoza, who was killed in 1990 while delivering a payroll for the company.

The settlement amount was not publicly disclosed, but sources reported it was for $1.75 million. The trial had lasted seven days, and just before the case was to go to the jury for deliberations, the company decided to settle out of court. The family of Mendoza had alleged that her death resulted from Contico’s negligence and that the company had a double standard when it came to the safety of its U.S. and foreign workers.

Mendoza, 27, and a security guard, Alfonso Jurado, who was unarmed, were found burned to death on August 3, 1990, in the desert between Juarez and Palomas, Mexico. They had been delivering a $2,000 cash payroll to around 100 Continental Sprayers’ employees in Palomas. The payroll was taken on a Friday at the usual time and along the same well-known and dangerous route, according to court testimony.

The lawyer representing Contico, stated that the company had decided to settle out of court after weighing the risk that jurors would assess the company a very high damages award. The jury foreman stated that he did an informal poll of jurors after the settlement was announced and found that all were willing to side with the Mendoza family. The company also agreed to erect a statue of Lorena Mendoza at a Juarez site to be chosen and to fund scholarships in Mendoza’s name for maquila workers. Sister Susan Mika, an advocate for maquila workers, said the settlement sends a message that a double standard in safety is not acceptable.