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LOS ANGELES, April 28, 2026 — Mendez & Sanchez, A.P.C. has secured an important appellate victory on behalf of a seriously injured worker after the trial court previously dismissed his case.
The case involves Luis Felipe Diaz Ornelas, who was working in an excavated pit when a wall collapsed on him, causing serious injuries. After the trial court granted summary judgment in favor of De Jong’s Dover Dairy, LLC, Mendez & Sanchez appealed the ruling.
Mendez & Sanchez attorney, Alex Guerrero, argued the case before the California Court of Appeal, Fifth Appellate District. In an opinion filed April 24, 2026, the court reversed the judgment, finding that key factual issues remained and the trial court should not have decided them at the summary judgment stage.
“This was an important win because it gives our client the chance to have his case heard on the facts,” said Guerrero. “The trial court’s ruling ended the case too early, before a jury could consider serious questions about the dangerous condition that caused Mr. Ornelas’s injuries. We are grateful the Court of Appeal recognized that those issues deserved a closer look.”
According to the appellate opinion, De Jong’s Dover Dairy hired a contractor to pour and install concrete walls for a sand separator project, while De Jong excavated the pit. The collapsing pit wall injured Mr. Ornelas. The appellate court found that factual questions remained regarding the scope of the contractor’s work, the duty to inspect the property, and whether the contractor could have reasonably discovered the alleged hazard.
The ruling allows Mr. Ornelas’s case to move forward and gives him another opportunity to pursue accountability for the injuries he sustained while working on the project.
“This case has always been about fairness,” Guerrero added. “Our client suffered serious injuries while doing his job, and we believe he deserves the opportunity to present his case. We look forward to continuing the fight for him.”
The case is Luis Felipe Diaz Ornelas v. De Jong’s Dover Dairy, LLC, California Court of Appeal, Fifth Appellate District, Case No. F089076; Kings County Superior Court CaseNo. 22C-0214.
About Mendez & Sanchez, A.P.C.
Mendez & Sanchez, A.P.C. is a contingency-fee law firm representing individuals and families in serious personal injury and civil litigation matters throughout Southern California, Nevada and Honduras. It has successfully handled more than 5,000 cases and recovered over $1 billion in compensation, fighting for clients' justice through complex negotiations and at trial. The firm also proudly provides bilingual legal services to ensure Spanish-speaking clients receive clear communication and strong advocacy at every stage of their case. For more information, visit www.mendezsanchezlaw.com.