On Feb. 1, 2010, plaintiff James Flanagan, 60, a construction worker, was working a repaving job for his employer, Fred J. Konrad Asphalt Co., at a parking lot leased by Paragon Parking Inc., located at 434 S. Spring Street in Los Angeles. The parking lot was adjacent to the El Dorado condominiums, which were in the process of being renovated by City Constructors Inc. As a result, City Constructors was using the parking lot as a staging area for its vehicles and materials associated with the renovation. Upon arriving at the job site, the Konrad asphalt crew began using their Bobcat utility vehicle to move City Constructors’ large granite window ledges to a parking lot on the northern end of the street in order to commence the repaving project. However, after moving three to four granite pieces, a City Constructors foreman told the Konrad employee to stop moving the granite, and a City Constructors employee, Juan Lopez, took over moving the granite by using a high reach forklift. At approximately 7:30 a.m., Flanagan was sweeping an area at the south edge of the parking lot, which was being prepared for the pouring of asphalt, while Lopez was moving the large granite window ledges from the southeast corner of the lot to a parking lot on the northern end of the street. As a result, Flanagan was suddenly and unexpectedly struck down by the high reach lift, which also ran over his legs. Flanagan sued City Constructors, Lopez, and the project supervisor, Mike Cheshire. He alleged that Lopez was negligent in the operation of the lift. Flanagan also alleged that Lopez was not certified to operate any type of lift, and that Cheshire and City Constructors was vicariously liable for Lopez’s actions. Lopez, Cheshire and City Constructors asserted that Flanagan and his employer were comparatively at fault for the accident, but ultimately admitted liability. They also filed a third-party action against Paragon Parking for implied indemnity, contribution and declaratory relief. Paragon denied any and all liability for the accident., Flanagan was taken from the scene of the accident by ambulance and brought to an emergency room. He sustained multiple to his lower extremities, including a trimalleolar fracture of his right ankle, a comminuted fracture of his right fibular neck, a two-part meniscal tear in his left knee, and a left gastrocnemius (calf) tear, among other . He also sustained soft-tissue strains and sprains to his hands and shoulders. Flanagan was hospitalized for five days, and underwent surgery to implant hardware and repair his severe lower leg on Feb. 2, 2010. He also underwent a second surgery on May 5, 2010, to remove the same hardware. In addition, Flanagan underwent physical therapy through 2011. Flanagan claimed that he still experiences pain, discomfort and reduced mobility in his lower extremities, but that he no longer treats with physical therapy, despite his continued residual complaints. He also claimed that he suffers from emotional distress as a result of the incident. He alleged that he has been unable to return to work since the accident and is severely limited in all physical activity. Plaintiff’s counsel sought in excess of $108,000 in damages for Flanagan’s past medical costs, $98,000 in damages for Flanagan’s past loss of earnings and $404,100 in damages for Flanagan’s future loss of earnings. Counsel also sought recovery of damages for Flanagan’s future medical costs/life care plan, as well as for Flanagan’s past and future pain and suffering. Defense counsel did not dispute the severity of Flanagan’s .