Tom Soeung, Administrator of the Estate of Likieng Soeung, et al vs. Global Staffing Solution, Inc., et al

Case Background

On December 19, 2019, Plaintiff Tom Soeung, Administrator of the Estate of Likieng Soeung, and others filed a Workplace transportation accident lawsuit in the Court of Common Pleas Philadelphia County(Case number: 2:20-cv-03937). Judge Raymond K. Apsley presided over the case.

Cause

On October 16, 2019, Plaintiffs Nathan Royal, Jennifer Huot, and Soeup Dy were involved in a single-vehicle accident on Route 1 in New Garden Township, Chester County, Pennsylvania. They were employees of Global, a now-bankrupt temporary staffing firm that supplied workers to companies like Herr Foods, Inc. To assist employees without transportation, Global offered an optional van service to shuttle workers to and from job sites. On the day of the accident, van driver Gong Thach picked up the Plaintiffs and headed toward the Herr Foods facility in Nottingham, Pennsylvania. Heavy rain was falling as Gong drove westbound on Route 1. Gong later testified that a black car cut in front of the van, causing him to tap the brakes. The van then veered off the road, hit an embankment, overturned, and landed on its roof. Tragically, Plaintiff Royal died upon impact.

Injuries

The Workplace transportation accident lawsuit involved three primary victims. Nathan Royal died on impact in the van accident. Jennifer Huot suffered severe trauma that left her quadriplegic; she survived for approximately eighteen months before passing away. Soeup Dy sustained multiple fractures, including injuries to her cervical spine, clavicle, wrist, and orbital bone.

Damages

In this Workplace transportation accident case, the damages varied significantly among the victims. Nathan Royal’s estate claimed no economic losses due to his pre-existing medical conditions, including bipolar affective disorder and schizophrenia. Jennifer Huot’s estate, despite her quadriplegic condition, faced challenges proving economic losses due to limited documentation and sporadic work history. Soeup Dy’s future medical treatment costs were estimated at $17,499.56, with no proven economic losses. The car accident lawsuit resulted in a complex settlement structure involving bankruptcy assets and insurance coverage.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Tom Soeung, Administrator of the Estate of Likieng Soeung | Cynthia Brown, Administrator of the Estate of Nathan Royal | Ordom Huot, individually and as Administrator of the Estate of Jennifer Huot
    • Counsel for Plaintiff: Thomas Edward Bosworth| Mitchell J. Shore | Sarah O. Schindler | Shanin Specter
  • Defendant(s):Gong Thach | David Thach | Global Staffing Solution, Inc. | Herr Foods, Inc.
    • Counsel for Defendants: John P. Morgenstern| Christopher C. Negrete

 Claims

The Workplace transportation accident case involved multiple legal claims. The plaintiffs sued both Global Staffing Solution and Herr Foods, asserting joint and several liability. Global Staffing Solution defended against liability using the Pennsylvania Ridesharing Arrangements Act, which provides immunity to employers for injuries resulting from motor vehicles not owned by them in ridesharing arrangements. The workplace transportation accident case became further complicated by insurance coverage disputes, with Nautilus Insurance Company contesting coverage under both primary and excess policies. Global’s bankruptcy limited recovery to approximately $70,000 in bankruptcy assets, plus any available insurance coverage to be determined in separate coverage litigation.

Defense

Global Staffing Solution, Inc. mounted its defense on two primary grounds in this workplace transportation accident case. First, they asserted that Gong Thach did not act negligently during the commercial vehicle crash. The company maintained that the combination of heavy rainfall and Thach’s necessary brake application to avoid a black car that cut in front of the van caused the accident, rather than any negligent conduct.

The company’s strongest defense relied on the Pennsylvania Ridesharing Arrangements Act (55 P.S. § 695.1.1). Global argued that this Act provided them complete immunity from liability because they met all four required elements: (1) the injuries occurred to passengers, (2) the injuries resulted from motor vehicle operation, (3) Global did not own the vehicle, and (4) the vehicle operated in a ridesharing arrangement. They emphasized that since the van service transported employees to and from their work assignments at Herr Foods, it qualified as a ridesharing arrangement under the Act’s definition.

Beyond statutory immunity, Global presented a financial defense rooted in their bankruptcy status. The company had filed for Chapter 7 bankruptcy protection and possessed only $80,000 in assets, of which approximately $70,000 remained available for distribution to plaintiffs. Global’s insurance coverage through Nautilus Insurance Company remained disputed in a separate federal court action. The company argued that plaintiffs’ recovery should be limited to the bankruptcy estate assets and any available insurance coverage as determined by the coverage litigation. Global also contested punitive damages, asserting that Pennsylvania law prohibited insurance coverage for punitive damages, making such awards uncollectible under the bankruptcy court’s order limiting recovery to available insurance.

Jury Verdict

On October 30, 2024, the jury reached its verdict in this catastrophic transportation accident case, finding both Global Staffing Solutions, Inc. and driver Gong Thach negligent. The jury determined that Gong Thach was 40% negligent, while Global Staffing Solutions bore 60% of the negligence. For damages, the jury awarded substantial compensation to all three plaintiffs: Cynthia Brown, on behalf of Nathan Royal’s estate, received $5 million; Ordom Huot’s estate was awarded $6.1 million for Jennifer Huot’s injuries and death; and Soeup Dy was granted $4.6 million for her injuries. The total jury award amounted to $15.7 million in a Workplace transportation accident.

Court Documents

Available Upon Request