Vilma Sarmiento Loarca has taken legal action against her former employer, alleging severe negligence that resulted in significant personal injury. On October 16, 2024, Loarca filed a complaint in the District Court of Harris County, Texas, against ANC Farm, LLC and Cong Chi Vu. The lawsuit centers around an incident that occurred on January 24, 2023, at a chicken farm in Timpson, Texas, where Loarca was employed.
According to the complaint filed by Vilma Sarmiento Loarca, she was injured while working at ANC Farm under the supervision of Cong Chi Vu. The incident took place when a "curtain" mechanism used for ventilation was improperly operated by Vu, causing it to close on Loarca and resulting in severe injuries. The plaintiff asserts that this happened due to multiple failures on the part of the defendants. These include failing to ensure no employees were in harm's way before operating the curtain and not providing adequate safety procedures or training.
Loarca claims that ANC Farm and Cong Chi Vu did not carry workers' compensation insurance as required by Texas law. This omission categorizes the case as a non-subscriber lawsuit, removing common law defenses typically available to employers under such circumstances. The complaint accuses the defendants of negligence for not exercising ordinary care to prevent dangerous conditions on their premises. Specific allegations include failure to warn employees about potential hazards and inadequate supervision.
The plaintiff is seeking monetary relief ranging from $250,000 to $1 million for damages including physical pain, mental anguish, loss of earnings capacity, disfigurement, and medical expenses. Additionally, Loarca demands pre-judgment interest on any awarded judgment and requests a jury trial to resolve these issues.
Representing Vilma Sarmiento Loarca is attorney Kelly Forester from Forester & Associates located in League City, Texas. The case has been assigned Case ID 2024-72095 and will be presided over by judges at the District Court of Harris County.