At approximately 10 a.m. on April 7, 2011, plaintiff Juvenal Cabrera, 45, a driver for Active Recycling, arrived to haul off a metal recycling bin from a construction site at the VA West Los Angeles Medical Center. After attaching the recycling bin to his truck, Cabrera unrolled a 25-foot tarp on the ground, alongside the passenger side of the container. While holding a corner of the tarp in his right hand, Cabrera climbed up the container and, while balanced on a beam of the dumpster, attempted to stretch the tarp with both hands over the far corner of the container. However, as he stretched the tarp over the corner of the container, Cabrera lost his balance and fell to the ground. He sustained to his right leg. Cabrera sued the operator of the construction site, LM2 Construction Co. Inc. Cabrera claimed that, under the law, he was required to cover the dumpster with a tarp before he drove off the construction site. However, he alleged that while he was standing on a beam of the dumpster, attempting to pull the tarp over the corner, an employee of LM2 Construction ripped the tarp away from him. Cabrera alleged that, without the tarp, he lost his balance and fell backward onto his right foot. Plaintiff’s counsel contended that the employee of LM2 Construction was negligent in the attempts assist Cabrera by trying to free the stuck tarp so that Cabrera did not have to get down to free the tarp and cover the dumpster. Defense counsel contended that the tarp apparently got caught in a location that was many feet away from Cabrera and below the rim of the tall dumpster. Counsel also contended that Cabrera was unable to perform the task alone without standing on the thin metal beam near the top of the dumpster and that Cabrera was not able to use his hands to balance himself because the job required two hands to pull the tarp over to cover the dumpster. In addition, defense counsel noted that Cabrera admitted that he did not see the LM2 Construction employee pull the tarp, as he alleged, and that Cabrera testified that because it was hard to pull, he pulled on the tarp with both hands, causing him to lose his balance and fall. Thus, counsel denied that the employee of LM2 Construction was assisting Cabrera in covering the dumpster or that employee was in any way responsible for Cabrera’s fall. Instead, defense counsel asserted that Cabrera was negligent for trying to accomplish the dangerous task himself., Cabrera sustained a fracture of the right tibia. He subsequently treated through workers’ compensation. Thus, he only sought recovery of unspecified damages for his pain and suffering.