The widow of slain deliveryman Ruben Martinez has filed a wrongful-death lawsuit against Ben E. Keith, saying her husband did not get proper safety training for working in a "high crime area."
Lisa Martinez sued in Tarrant County civil court this week, almost two years after her 29-year-old husband was robbed of $10 and shot in the head and neck while making an early morning beer delivery to the Buy & Save Food Store on Azle Avenue.At the time, Lisa Martinez was about to give birth to their second child. Ruben Martinez died July 12, 2010, after spending time in intensive care. The lawsuit says that had Martinez survived, he would have been a quadriplegic."Ruben Martinez' highest functioning capability had he survived was to blink his eyes," the suit says.The shooting was part of an eight-day crime spree by Mark Anthony Soliz and Jose Ramos in which they also robbed and killed Nancy Weatherly of Godley at her home. Soliz and Ramos were charged with capital murder for both deaths in Tarrant and Johnson counties.Soliz was sentenced to death in March in a Johnson County court for Weatherly's killing. Ramos awaits trial in the Weatherly case, and prosecution of both men is pending in Tarrant County.Ben E. Keith officials did not return phone calls seeking comment about the lawsuit.Ruben Martinez had worked for Ben E. Keith for six years and was often placed with new drivers because of his attention to customer service and detail. After his slaying, company employees established a fund to help the Martinez family, and the beer distributor held a benefit concert and silent auction at Billy Bob's Texas.But Avery McDaniel, the family's attorney, said Ben E. Keith failed to adequately train Ruben Martinez.McDaniel said the company did not hire a safety consultant or spell out procedures for delivery drivers on how to operate in crime-prone neighborhoods."They could have refused to deliver at certain times of the day or refused to deliver if an area was not well-lit," he said.Drivers had to take cash payments in high-crime areas because the company did not accept credit cards or payment in advance.McDaniel also said Ben E. Keith did not carry workers' compensation insurance, meaning that Martinez's survivors were not entitled to death benefits."Their defense is that it's not the company's fault. They blame it on the person who shot him," McDaniel said.Elizabeth Campbell,817-390-7696Twitter: @fwstlizHave more to add? News tip? Tell us
