On Feb. 18, 2015, plaintiff James Buller, 52, a welder, was walking behind his supervisor on a pathway made up of plywood boards at a construction site for the Kaiser Permanente San Diego Medical Center, in San Diego. As the supervisor stepped on the board in front of him, the edge of the board in front of Buller raised up. Buller claimed he struck his foot on the raised edge of the plywood board, tripped and fell forward. He allegedly sustained to his left knee and back. Buller sued the general contractor on the project, Hensel Phelps Construction Co.; possible names of Hensel Phelps’ parent company, Hensel Phelps Services LLC, “Hensel Phelps Parent 1 Inc.” and “Hensel Phelps Parent 2 Inc.;” and a construction management company, Black IPO Inc. Buller alleged that the construction site was not properly safeguarded and that it violated general safety provisions. Hensel Phelps Construction Co. settled out of the case, and the other Hensel Phelps defendants were dismissed from the case. The matter ultimately continued against Black IPO only. Plaintiff’s counsel contended that Black IPO’s workers placed the plywood path in an unsafe fashion, creating a hazardous condition and causing Buller’s trip and fall. Black IPO’s counsel contended that there was no persuasive evidence indicating that Black IPO constructed the plywood path, and argued that Black IPO did not have any duty to maintain it. Counsel also argued that Buller failed to exercise ordinary care and caution when walking through a large commercial construction site, making Buller solely responsible for the fall., Buller claimed he twisted his left knee, resulting in severe pain to his lower back and left leg. He was eventually diagnosed with a torn meniscus in his right knee. Buller claimed that he managed his back and leg pain through the use of medication and that he eventually treated his condition with physical therapy. Buller, a hardworking and skilled welder, was out of work for six months. He claimed that he attempted to return to work, but ultimately stopped working in October 2015, and that he could no longer work as a result of his . Buller claimed that he continues to experience constant pain in his right knee and mid to lower back. He alleged that, while elevating his leg temporarily relieves his knee pain, he has had no improvement in the level of pain in his back or knee since the time immediately after the incident. He alleged that as a result, he will require future surgery on his right knee to treat the torn meniscus. Buller sought recovery of $599,012.70 for past lost wages (since October 2015) and $1,372,530.20 for future lost wages (until he reaches the age of 67). He also sought recovery of past and future medical costs, and damages for his past and future pain and suffering. Defense counsel argued that the alleged that prevented Buller from working were not caused by the subject incident, as the alleged lower back injury had nothing to do with Buller’s twisted knee. Counsel also argued that Buller had a second knee-twisting incident in 2016, after the subject trip-and-fall accident, that the subsequent incident was the true cause of Buller’s need to stop working.