A tragic accident involving a truck driver and multiple vehicles has led to a significant legal battle over the issue of negligence and foreseeability. On August 12, 2024, Marlon Mora filed a complaint in the Court of Appeal of the State of California against Haul Away Rubbish Service, Co., among others, following an incident where a truck driver suffered a seizure and caused a multi-car collision.
The case revolves around an accident that occurred on March 13, 2019. David Beliakoff, employed by Haul Away Rubbish Service, was driving westbound on 7th Street in Los Angeles when he lost consciousness due to a seizure and collided with Marlon Mora’s car. The impact caused Mora's vehicle to spin out and hit another car driven by Oscar Garcia. Mora filed a lawsuit in April 2020 against Beliakoff, Haul Away Rubbish Service, Garcia, Un Bug Me Pest Control Inc., and its employee Juan Juarez for negligence.
Defendants Beliakoff and Haul Away moved for summary judgment, arguing that Beliakoff's seizure was sudden and unforeseen due to his diagnosis of multiple sclerosis (MS), which made them not liable for negligence. They claimed that before the accident, Beliakoff had no warning or indication that he was at risk of having a seizure while driving. Medical evidence presented by the defendants showed that seizures are an extremely rare side effect of MS, affecting only about three percent of patients. Dr. Jack H. Florin, a board-certified neurologist specializing in MS who treated Beliakoff after the accident, testified that it is not standard practice to place MS patients on anti-seizure medication or restrict their driving based solely on their diagnosis.
However, Mora contested this motion by presenting evidence suggesting that there were material factual disputes regarding whether Beliakoff could have reasonably foreseen his incapacitation. He pointed out that Beliakoff had experienced intermittent dizziness and numbness in his lower extremities before the accident—symptoms associated with his MS diagnosis. Furthermore, Florin’s notes indicated that these symptoms had been present since childhood but were not properly managed or reported to medical professionals before the crash.
Mora argued that despite experiencing these symptoms multiple times before the accident, Beliakoff chose not to seek medical treatment or advice on whether he should continue driving. This lack of action raised questions about whether it was foreseeable for him to suffer such an incapacitating event while operating a vehicle.
Ultimately, the court found there were genuine disputes about whether Beliakoff’s physical incapacitation was foreseeable and reversed the summary judgment initially granted in favor of the defendants. The court directed further proceedings to determine if a reasonably prudent person in Beliakoff’s position would have anticipated becoming physically incapacitated while driving.
The attorneys representing Mora were from Heidari Law Group: Saman Ryan Heidari and Giorgio Cassandra. Defendants were represented by Karen M. Bray and Emily V. Cuatto from Horvitz & Levy along with Christina Y. Morovati from Armijo Morovati & Shields. The case was presided over by Judge Curtis A. Kin under Case ID No: 20STCV12977.