On April 1, 2013, plaintiff Raul Zuniga, 34, a painter, was working on a project in San Francisco. As it was the last day of the project, Zuniga was doing touch up work. However, while he was on the third level of a scaffold, the lower level collapsed. The frame then tilted away from the building, and Zuniga fell over the rail. He subsequently fell three stories to the pavement below. Zuniga sustained to his head, face, and right wrist, elbow, clavicle, and knee. Zuniga sued the company that provided the scaffold, Zambini Brothers Scaffolding Co. Zuniga later added the owner of Zambini Brothers, Walter Burum, and another employee of Zambini Brothers, Sandra Hvizda, as defendants in the case. Hvizda was ultimately dismissed from the case. Plaintiff’s counsel contended that Burum, who was the sole proprietor of Zambini Brothers, erected the subject scaffold in November 2012, but that he erected the scaffold using only four vertical frames, which did not provide sufficient stability. Specifically, counsel asserted that the project should have warranted a scaffold that had five vertical frames, as the dimensions were four stories high, 30-feet wide, and 3-feet deep. Counsel contended that five vertical frames would have resulted in a high and narrow scaffold, but that it would have provided stability. However, plaintiff’s counsel asserted that the defendants did no calculations or preparations to safely erect the scaffold. Plaintiff’s counsel contended that Zambini Brothers also removed support from the scaffold by removing the cross bracing and replacing it with a truss. Counsel also asserted that Burum and Zambini Brothers did not provide sufficient precautions to account for the predictable San Francisco wind loads, as the manner in which the scaffold was erected did not provide sufficient support to counter the wind. In addition, plaintiff’s counsel contended that 90 days went by without an inspection of the subject scaffold. Defense counsel asserted that Zuniga was the one who modified the scaffold, as it was the last day of the project and his boss allegedly told Zuniga to cut the ties securing the scaffold to the building. Counsel also asserted that the wind filled the netting around the scaffold, causing a “sail effect,” which made the scaffold tip forward., Zuniga fell three stories to the sidewalk. He sustained facial wounds, a dislocation of the right, dominant elbow, and a fracture of the right, dominant wrist. He also suffered bruising to his right clavicle and pain in his right knee. Zuniga was immediately taken to a hospital, where he was determined to have a Glasgow Coma Scale score of 14 and underwent emergency surgery to repair the dislocation of the right capitate lunate, and damage of the scaphoid lunate and lunotriquetral ligaments of the right wrist. Zuniga’s right knee was placed in an immobilizer at the hospital and he underwent several months of physical therapy. Zuniga claimed that he continues to suffer ongoing, right-sided wrist and knee pain, which occurs after several hours of painting while on his feet. He alleged that his pain has not been restricted by workers’ compensation. Zuniga claimed he was also diagnosed with mild post-traumatic stress disorder during his compensation case, and had ongoing nightmares about the fall. However, he underwent no treatment, and his nightmares have subsided. Zuniga ultimately returned to full-time work as a painter within one year of the fall, but now works for another subcontractor. Zuniga claimed that his only work restrictions were for his post-traumatic stress disorder, in that he can no longer work from heights, or with ladders or scaffolds. He claimed that this limited his painting to interior projects, instead of larger projects outside. Zuniga had a $137,155.47 medical lien from the State Compensation Insurance Fund, consisting of $19,500.78 in temporary disability, $11,736.62 in permanent disability, and $105,918.07 in medical benefits. He also sought recovery of damages for his past and future pain and suffering.