Loeser Eldong vs. Norcal Beverage Co. Inc.

Case Background

On December 3, 2021, Plaintiff  Loeser Eldong filed a Motor vehicle collision lawsuit in the California State, Superior Court of Yolo County (Case number: CV2021-2144). This case was presided over by Judge David Rosenberg.

Cause

On May 20, 2021, a seasoned 69-year-old truck driver suffered a catastrophic incident while delivering goods to a West Sacramento facility. Due to the facility’s inadequate infrastructure, the driver was forced to maneuver his 53-foot trailer across double yellow lines and park against traffic flow. This unconventional parking created a precarious situation that led to severe consequences.

As the driver positioned the trailer and opened the rear door, a passing van struck the door with significant force. The impact caused the door to slam into the plaintiff, resulting in an instantaneous and traumatic collision. The driver later admitted to failing to properly assess the situation before opening the trailer door, acknowledging that the van driver had minimal opportunity to avoid the obstruction.

Injuries

The collision caused extensive physical trauma to the 69-year-old driver. Medical evaluations revealed musculoskeletal injuries, possible neurological complications, and significant soft tissue damage. These injuries severely compromised the plaintiff’s ability to work, potentially ending his decades-long career in commercial trucking. Medical assessments suggested long-term rehabilitation and a likelihood of permanent disability.

Damages

The plaintiff experienced significant economic and non-economic damages in a Unsafe Loading Dock Collision case:

Economic Damages:

Included lost wages, reduced earning capacity, substantial medical treatment costs, and anticipated future medical expenses.

Non-Economic Damages:

Included pain and suffering, emotional distress, loss of quality of life, and psychological trauma resulting from the life-altering incident.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Loeser Eldong | Gigi Saenz
    • Counsel for Plaintiff: Bruce Broillet | Ivan Puchalt | Francisco Yeverino

 

  • Defendant(s): Norcal Beverage Co. Inc
    • Counsel for Defendants: Jerry C. Popovich | John N. Carr

Claims

The plaintiff’s legal team pursued a multifaceted strategy targeting the warehouse facility’s systemic negligence in a Unsafe Loading Dock Collision case, including:

Facility Infrastructure Negligence

The plaintiff argued that the loading dock’s design was inadequate for modern 53-foot commercial trailers. This forced drivers into unsafe parking configurations, creating inherent risks.

Corporate Safety Violations

The plaintiff alleged multiple safety failures, such as:

  • Inadequate facility design for modern trucking equipment.
  • Requiring drivers to open trailer doors on public roadways.
  • Lack of safety signage and unloading procedures.
  • Roadway Control Argument

The plaintiff’s team demonstrated that Nor-Cal exercised significant control over the public roadway by using it for private commercial operations. This assertion helped establish the company’s direct liability for creating hazardous working conditions.

Defense

The defense built its case on alleged violations of Vehicle Code provisions in a Unsafe Loading Dock Collision case, arguing that the plaintiff’s actions directly contributed to the accident:

Improper Vehicle Positioning

The defense claimed the plaintiff violated traffic regulations by parking against traffic flow, creating an unnecessary hazard.

Failure to Ensure Safety Before Opening the Door

By opening the trailer door without checking for traffic, the plaintiff disregarded safety protocols designed to prevent such incidents.

Obstruction of Public Roadway

The defense contended that the plaintiff’s parking and door-opening actions obstructed the roadway, creating a foreseeable risk for other drivers.

Using these arguments, the defense asserted contributory negligence, emphasizing that the plaintiff’s actions were the primary cause of the accident. They argued the van driver had no time to avoid the suddenly opened trailer door.

Jury Verdict

On October 4, 2024, the jury awarded $10,775,997.50 in damages to Mr. Loeser and his spouse in Unsafe Loading Dock Collision . The verdict included $5,275,997.50 in economic damages for medical expenses, lost wages, and other quantifiable losses. Additionally, the jury granted $5,000,000 in non-economic damages to Mr. Loeser for pain, suffering, and emotional distress. His spouse received $500,000 for loss of consortium, recognizing the impact of his injuries on their marital relationship.

Court Documents:

Available Upon Request