On Aug. 19, 2013, plaintiff Terrence Buckner, 54, a construction worker, was in the process of moving a vertical stack of plywood at a construction work site in San Francisco when the entire stack, weighing approximately 600 pounds, suddenly toppled over on him. Buckner was subsequently thrown to the ground and remained pinned under the stack for 30 minutes. He briefly lost consciousness and his right foot was crushed. Following the incident, Cal/OSHA performed an investigation and cited the subcontractor, CONCO, with violating Cal/OSHA rules against unsafe vertical stacks of plywood. It also cited the general contractor, Nibbi Brothers General Contractors, with a housekeeping violation. Buckner sued Nibbi Brothers General Contractors; the owner of the property where the incident occurred, a charity, St. Anthony Foundation, and an architectural firm based in Oakland, Hkit Architects. St. Anthony Foundation and Hkit Architects were ultimately dismissed from the case, and the matter continued against Nibbi Brothers only. Nibbi Brothers’ counsel moved for summary judgment, asserting that Nibbi Brothers was exempt from liability under the Privette/Toland/Hooker line of cases and that Buckner’s sole remedy was workers’ compensation. On April 14, 2017, the court denied Nibbi Brothers’ counsel’s motion, finding that evidence showed that Nibbi Brothers had retained some control of the safety at the work site, including control of the premises during off hours and control of the first floor. The court further found that Nibbi Brothers allegedly had knowledge of, and had encouraged, the unsafe, vertical stacks of plywood around the work site. In addition, it found that the plaintiff’s evidence, presented a prima facie case, verified that Nibbi Brothers’ conduct affirmatively contributed to Buckner’s ., When the pile of plywood collapsed on him, Buckner was thrown to the concrete floor, falling directly on his tailbone and hitting his head as he fell. He sustained a crush injury to the right foot, including multiple fractures and a dislocation of one of the joints. He also briefly lost consciousness at the scene. Buckner was subsequently rushed to an emergency room and he underwent surgery to repair his foot the following day. Buckner claimed that he continued to experience significant pain in his right foot over the next few weeks and that he has never fully recovered. He also claimed that he continues to suffer partial paralysis in his injured foot, resulting in an abnormal gait due to his inability to move one of his toes. Buckner further claimed that he suffered noticeable neck and back pain as a result of the impact, but that his neck and back pain were mostly masked by his pain medications while in the hospital. However, he alleged that by September 2013, his neck and back pain had become more noticeable and severe. Cervical and lumbar MRIs revealed a narrowing of the spinal passages for the nerves and fluid buildup. In addition, a nerve conduction and EMG study revealed that Buckner now suffers from lumbar radiculopathy.