An out-of-court settlement has been reached in a 2021 death of an employee at Pajaro-based Monterey Pipe Company.
Jairo Ramirez, an El Salvadoran immigrant who lived nearby, died while cleaning the inside of a cement mixer in 2021.
Though a trial had been set for late April, Kristo Kristich, manager of Kristich-Monterey Pipe Co. agreed to pay Ventura’s family $100,000 within five days, and within 60 days of sentencing set up and provide a $50,000 trust in the name of his son, which may be collected when he turns 18.
Kristich’s jail sentence was waived. He will instead serve one year of probation.
Also as part of the settlement, Monterey Pipe Co. was ordered to install a camera showing the exterior mixer’s door and inside of the mixer, so that it is viewable from the interior control tower.
The incident was ruled a misdemeanor in January in the case against Kristich, who was originally charged with the felony death of an employee.
Other fines amounted to $520.
Since the defendant accepted terms and conditions of probation a jury trial dated April 20 was terminated.
During the trial, Kristich’s attorney Gary Thelander tried to paint a picture of fundamental misunderstanding, an “unsecured computerized system” and “loose wires,” and said there was a failure afterwards by investigators as to how the machine works.
But Assistant District Attorney Emily Hickock countered that it was Kristich’s legal obligation to adhere to the Occupational Safety and Health Administration standards.
Hickock went on to question the nature of the key and lock safety system that allowed a person to enter the mixer—thus be in harm’s way—and then have the machine switched on.
“This is a very tragic case,” Hickock said.
Monterey Pipe Co. is a long-standing business that makes 60-inch diameter concrete pipes.Monterey Pipe Co. settles wrongful death suit
