On Nov. 30, 2011, plaintiff Guang Ri Jin, an electrician, was working at a construction site, building a Forever 21 store at the Fashion Valley Mall in San Diego. While using a 12-foot ladder, Jin fell from the top step, sustaining to his head. Jin sued the general contractor, LS Interior Design Inc., the building owner, Fashion Valley Mall, LLC; the believed property owner, Simon Property Group Inc.; and the store owners, Forever 21 Inc. and Forever 21 Retail Inc. Simon Property was ultimately dismissed from the case, and the matter continued against the remaining defendants. Jin claimed that he was previously using a scissor lift to safely perform the work at the heights necessary for the job. However, he alleged that 36 hours before his fall, the general contractor on the job, LS Interior Design, ordered all scissor lifts removed from the job site, as LS Interior Design did not want to damage the tile that was laid down too early. Jin contended that as a result, the lifts were removed, even though the electrical foreman repeatedly told the superintendents from LS Interior Design that his workers needed more time with the scissor lifts in order to safely complete the high work. Thus, Jin claimed that he was forced to work at an unsafe height on a ladder, which ultimately caused him to fall and suffer a catastrophic injury. Defense counsel contended that the defendants did not retain control of the job site and the defendants did not contribute to Jin’s . Counsel also contended that scaffolding was available for Jin to use in order to perform the work safely. Thus, defense counsel asserted that Jin’s employer was at fault for allowing Jin to work on a ladder., Jin suffered blunt force trauma to his head, resulting in an acute subdural hematoma, internal bleeding and brain damage. He was subsequently taken to Sharp Memorial Hospital, in San Diego, where he underwent an emergency right frontal temporal craniectomy for decompression and removal of the acute subdural hematoma. Jin is now unable to perform basic functions. However, plaintiff’s counsel contended that Jin requires around-the-clock care, and medical and rehabilitation services at a facility. Jin’s wife, plaintiff Shui Yue Jin, sought recovery of damages for her loss of consortium.