Indian immigrant is run over and killed at a loading dock by tractor-trailer. $58M. Fresno County.

Facts and Background

• Facts and Background:

  On February 26, 2018, Decedent Gurdeep Singh Ghotra went on a ride-along with Pritpal Singh to the Mattingly Foods warehouse in Zanesville, Ohio. Pritpal was an employee of Gurdeep Singh dba Suni Transport that was based out of Fresno. Pritpal was a truck driver, hauling an empty refrigerated trailer to the warehouse where it would be loaded and taken back to California. Mr. Ghotra had just obtained his commercial license and was interested in doing long-haul driving, i.e., across state lines. He asked whether he could ride along and see if he liked the work.

  What happened was not controverted. Pritpal was backing the big rig into a dock at Mattingly Foods in Zanesville, Ohio.  This is a big warehouse. On one side of the warehouse, there are seven docks. Each dock is clearly marked with a number, designated by double yellow lines on each side that lead to a large rollup door. Each dock is about five feet above the ground, with a metal plate between, flushed against the side of the dock from the ground to the top of the dock to protect the concrete from chipping when trucks back into the dock. Protruding out of the dock are dock-bumpers which are designed to receive the trailers and let the driver know when the tractor is against the dock. The driver would feel the tractor hitting the bumper. The dock bumpers are made of rubber and protrude about a foot from the edge of the dock towards the truck. It is standard for truck drivers to back the trailer and hit the dock bumpers…that’s why they are there.

  Pritpal was assigned Dock 10 to park and wait for loading. When Pritpal arrived that morning, there was a trailer/box container already parked at Dock 8. Otherwise, all the other docks were empty and there was wide open space. He dropped off Mr. Ghotra, who went to use the restroom. A qualified driver would have no issue backing a trailer into the dock with at most, two moves: back the trailer into the lane, pull forward to straighten out, and then pull back into the dock until the back of the trailer bumps up against the dock bumpers.

  Surveillance video captured Pritpal having difficulties backing up the big rig in open space. Pritpal, who had a commercial license for about a year, called Mr. Ghotra for help. Pritpal asked Mr. Ghotra to help spot him. It took Pritpal five attempts to back into the dock. On his fifth attempt, he stopped the big rig about 10 feet short of the dock in order for Mr. Ghotra to open the trailer doors. The video showed Mr. Ghotra opening the right door and attaching the door to the side of the tractor. The video then skips for 1 minute and 9 seconds when the video shows that the big rig is now flushed against the dock. During this minute, Pritpal backs up the trailer and crushes Mr. Ghotra, who dies from crush injuries.

  Pritpal told the police in a recorded statement that he had heard Mr. Ghotra make a noise like “ow” and that when he heard that, he got out of the truck to look, saw Mr. Ghotra, and pulled the truck up and called for help. He told the police that everything transpired in about two minutes. This was not true. The video shows Pritpal sitting in his tractor for over 20 minutes before he got out and walked around for another 10 minutes before discovering Mr. Ghotra.

• Plaintiff's Contentions:

  That negligence on the part of the truck driver was the sole cause of Mr. Ghotra's death.

• Defendant's Contentions:

  The trucking company conceded liability for its driver but argued 50:50 comparative negligence on the decedent because he was standing in the pinch-point. As someone with a commercial license, Mr. Ghotra should have known better.

  The truck driver suggested that Mr. Ghotra was 100% comparatively negligent.