A suit initially filed in the Southern District of Texas was removed to federal court on Thursday. The plaintiff, Kantrail Cori Jones, accused her employer Sanderson Farms, Inc.of both negligence and gross negligence after she experienced a severe injury in the workplace. The complaint seeks monetary relief of at least $1,000,000.00 as well as a demand for judgement on the relief that the plaintiff deems herself entitled.
On January 22, according to the complaint, Jones began to experience issues with the conveyor belt and subsequently asked for help. Another employee came and informed Jones that the issue was “most likely the chicken from the splashguard,” but did not follow up by cleaning the belt. The complaint said Jones attempted to clean the belt, but her glove was caught which caused her pinky and ring finger to be crushed. She suffered severe injuries to her right hand which required surgery, the filing said.
Jones asserts that her employer, Sanderson Farms, had a responsibility to warn her of what could constitute unreasonable or dangerous conditions on the company property and ensure that the work she would be doing was safe. She added that Sanderson Farms “failed to provide the proper workplace safety, training, and equipment to prevent injuries to its employees.” At the time of the injury, the complaint said, Sanderson Farms did not have Worker’s Compensation insurance, meaning they cannot assert any common law defenses against the Plaintiff in this suit.
In their initial response, the defendant denied all claims the plaintiff had made in their original complaint. They contend that they are not responsible for the damages because the plaintiff was “an independent, intervening, superseding, and/or the sole proximate cause of Plaintiff’s alleged damages.” The defendants demand that the plaintiff prove her loss or earnings and loss of capacity in order to support her argument.
The complaint alleges negligence and gross negligence against the defendant since the actions on behalf of Sanderson Farms have irreparably harmed Jones. She explains that the injuries she has sustained have caused her “physical and mental condition to deteriorate generally and have caused and will, in all reasonable probability, cause Plaintiff to suffer ill effects to her right hand and throughout her body into the future.” The plaintiff is seeking past and future medical expenses, exemplary damages, pre- and post-judgement interest, and a trial by jury.
The plaintiff is represented by the Law Offices of Domingo Garcia, while the defendant is represented by Mayer LLP.
