OXNARD : Man’s Suit Alleges Pesticide Exposure

An Oxnard man is suing a labor contracting firm and the nursery where he worked for 11 years, alleging that he was disabled by unprotected exposure to harmful pesticides and chemicals.

Miguel Rios and his wife, Juana, filed suit last week in Ventura County Superior Court against Mitsuwa Nursery, which has operations in Moorpark, Somis and Oxnard.

The suit also names as defendants SAMCO, a county labor contracting firm that employs 350 people, and SAMCO President Rafael De Leon.

Miguel Rios, who is asking for undetermined damages for medical and emotional costs and lost income, has lost more than half the use of his kidneys, and possibly his liver, said his lawyer, Curtis Simpson.

Rios worked for SAMCO from January, 1980, to December, 1990, when he was hospitalized and stopped working.

“He’s very ill and requires constant testing for it,” Simpson said. “He’s entirely disabled at this point.” Juana Rios is seeking damages for physical and emotional losses resulting from her husband’s disability, he said.

Simpson said a class-action suit may be filed on behalf of other employees.

A Mitsuwa Nursery manager, who declined to identify herself, said officials did not want to comment.

De Leon of SAMCO said his company sends five to 15 workers to various nurseries. The rest of its employees work in fields countywide, he said.

De Leon said he was unaware that Mitsuwa Nursery doesn’t provide protective masks for employees, or warn them of the dangers of chemical exposure, as the lawsuit asserts.

“I find it hard to believe that the workers would be told to spray pesticides when they weren’t licensed to,” De Leon said. He said he believes that Rios’ disability is not related to his job, though Rios is receiving workers’ compensation from SAMCO for his illness.