On Oct. 17, 2013, plaintiff Rosbil Nunez-Aguirre, 32, a construction worker, was installing Whalen-Jack fall-protection scaffolding at a home construction site in Irvine. While he stood on the bracket scaffolding and handed wood planks to a co-worker, one of the metal scaffolding brackets broke. Nunez-Aguirre fell approximately 20 feet and struck the ground below him. He claimed to his brain, jaw, and an ankle. Nunez-Aguirre sued the designer and manufacturer of the Whalen-Jack scaffolding, JD Systems, LLC; the nationwide distributor of the Whalen-Jack scaffolding, White Cap Construction Supply Inc.; and White Cap’s parent company, HD Supply Inc. Nunez-Aguirre alleged that the defendants were negligent for knowingly selling a product that had been defectively designed and manufactured. Plaintiff’s counsel contended that the brackets on the subject scaffolding were supported by two welds on the unit, with no redundancy in the design in case of failure. Counsel also asserted that the welding performed in the manufacturing of the product was of poor quality. However, during discovery, plaintiff’s counsel determined that the design of the bracket had been revised to add redundancies, but that the old units were not recalled and were still for sale by the defendants. Defense counsel asserted that there was no defect in the design or manufacturing of the product, and cited the fact that there was no other reported instance of the Whalen-Jack scaffold failing. Counsel also contended that White Cap and HD Supply were unaware of any later revision to the design of the product. Defense counsel maintained that, regardless of whether there was a revision to the product’s design, proper safety testing was performed by JD Systems before the scaffolding was offered for sale and that, as retailers, White Cap and HD Supply did not have a duty to personally inspect each product they sell. In addition, defense counsel asserted that the bracket failed because of damage from misuse by Nunez-Aguirre’s employer and that the visible damage to the bracket should have been obvious to Nunez-Aguirre’s employer. The defense’s expert mechanical engineer provided a report that concluded that the bracket likely failed because of hammer impacts or fall damage during scaffolding disassembly., Nunez-Aguirre was taken by ambulance to the emergency room of a local hospital, where he was diagnosed with fractures of his jaw and right ankle. He was also diagnosed with a mild traumatic brain injury. Nunez-Aguirre was subsequently hospitalized for a week, during which time he underwent open reduction and internal fixation procedures to repair the jaw and ankle fractures. He was then transferred to an in-patient rehabilitation facility for an additional week. Although diagnostic testing and subsequent cognitive testing revealed normal results, Nunez-Aguirre claimed that he suffers from severe emotional deficits, resulting in abnormal behavior. He claimed his brain injury causes him to exhibit excessive anger and destructive tendencies. Nunez-Aguirre believes that his emotional issues stem from a profound frontal lobe injury. As a result, he claimed that he continues to experience volatile mood swings and difficulty with memory and concentration. He also claimed that he continues to suffer from some residual jaw and ankle pain, as well as slightly diminished ankle mobility following surgery. Thus, Nunez-Aguirre sought recovery of approximately $600,000 in total medical expenses and $426,562 in combined past and future loss of wages, as he did not return to work following the incident. He also sought recovery for his past and future pain and suffering. In addition, Nunez-Aguirre’s wife, Martha Alaniz, presented a derivative claim, seeking recovery for her loss of consortium. Defense counsel asserted that Nunez-Aguirre’s claims of a severe brain injury and residual related to the fractures were exaggerated and that any brain injury would have resolved within a few months of the incident. Counsel also noted that Nunez-Aguirre had a longstanding history of methamphetamine abuse and had been arrested for meth possession over a year prior to the subject accident. The defense’s medical experts each opined that Nunez-Aguirre’s methamphetamine use, and not alleged from the fall, was the likely source of his cognition difficulties and volatile emotional state.