On Jan. 27, 2017, plaintiff Salvador Hernandez, 49, a maintenance supervisor, rode in a dump truck operated by Jorge Ramos to a designated firewood staging area at Fernwood Resorts, in Big Sur, to show Ramos where to dump the logs. (In Hernandez’s role as the maintenance supervisor, it was not unusual for him to direct trucks during loading and unloading.) After arriving at the dumping location, Ramos reversed the truck to the location where he believed Hernandez told him to park, to dump the logs. Hernandez exited the truck, opened the passenger-side gate and then positioned himself 12 to 14 feet behind the rear of the truck. Ramos then pulled the truck forward, parked and exited the truck to open the driver-side gate. He then returned to the truck. While Hernandez was standing next to pallets of wood that were directly to his left, logs started to come off the truck, causing a load of wet, slippery, large, heavy tree trunks to strike him. Hernandez was knocked down and trapped under the tree trunks. He sustained to his left leg, back, right shin and right ankle. Hernandez sued Ramos and Ramos’ employers, IVTSCVCA Inc., doing business as Iverson’s Tree Service, and Michael Iverson, individually and doing business as Iverson’s Tree Service. Hernandez alleged that Ramos was negligent in the dumping of the logs and that IVTSCVCA and Iverson were liable for Ramos’ actions while working in the course and scope of his employment. Hernandez also alleged that IVTSCVCA and Iverson were negligent in the training of Ramos. Hernandez claimed that after the dump truck was parked, he got out, opened the passenger-side gate and positioned himself behind the truck. He claimed that Ramos also exited the truck to open the driver-side gate, but then realized that the truck was not in the proper position for dumping. Hernandez claimed that as a result, Ramos went back into the truck and moved it forward. However, Hernandez claimed that the logs started to come off the truck almost immediately after Ramos stopped it and that he was still standing behind the truck when Ramos began to unload the logs. Hernandez further claimed that he was surprised by the fact that Ramos started unloading the logs and that as a result, he was struck by them. Plaintiff’s counsel asserted that Ramos negligently dumped the logs while Hernandez was in the zone of danger and that Ramos’ employers failed to properly train its driver, Ramos, in safe procedures for unloading logs. Defense counsel asserted that Hernandez’s failure to exercise reasonable care for his own safety, coupled with Fernwood Resort’s employer negligence, caused the incident. Counsel also questioned Hernandez’s version of events, and noted that Hernandez claimed he opened the passenger-side gate after exiting the truck, even though Hernandez testified that the truck was still not in the proper position for dumping. Ramos also denied opening the driver-side gate before repositioning the truck, and claimed that, instead, once he realized the truck was not in the proper position, he pulled the truck forward, parked it and then exited the truck to open the gate. Defense counsel also noted that, despite the fact that Hernandez claimed that the truck was finally put into the appropriate dumping position and the fact that both of the gates had been opened, Hernandez testified that he was surprised by the fact that Ramos started to unload the logs. Counsel further noted that when asked why Hernandez chose to stand in the particular spot in which he was standing when the dumping began, Hernandez testified that he felt safe at the beginning in the location that he chose and that when asked how full the bed of the truck was, Hernandez testified that he did not believe the logs were stacked higher than the top of the gate and that they were evenly distributed throughout the bed of the truck. Defense counsel also questioned Hernandez’s claim that the logs started to come off the truck almost immediately after Ramos stopped the truck, and produced a video showing that the bed of the truck is lifted hydraulically and raises at a relatively slow rate, taking more than 35 seconds to reach full tilt. In addition, counsel contended that in order to activate the bed lift, the power take-off clutch first needs to be engaged and that not only does that take time, but it makes noise, thereby indicating to anyone within earshot that the bed is about to be raised and that whatever is in the bed of the truck is about to be dumped. Defense counsel added that the Occupational Safety and Health Administration conducted an investigation of the incident and determined that Hernandez should not have been near the truck while it was being unloaded. Counsel also noted that the details of the incident contained within OSHA’s investigation summary indicated that Hernandez signaled to Ramos to dump the logs and to raise the bed higher and higher., Hernandez sustained fractures of the left leg’s tibia and fibula. He also sustained a lumbar sprain or strain, and contusions to his right shin and ankle. Hernandez underwent open reduction and internal fixation on his left leg a few days after the incident. Hernandez claimed he was left with nonunion of the left fibula fracture, causing an inability to bear weight on his left leg without the use of a cane. He also claimed his lower back pain worsened as a result of his antalgic gait. Hernandez alleged that due to his , he has a reduced work life expectancy. He also alleged that will require additional surgery on the left leg to correct the malunion/nonunion. Hernandez had a workers’ compensation lien. He sought recovery of $130,000 in past medical costs, $150,000 in future medical costs, $170,000 in past loss of wages, and $550,000 to $650,000 for future loss of wages. He also sought recovery of damages for his past and future pain and suffering.