On Nov. 13, 2015, plaintiff Hyong Sok “Ricky” Choi, a site superintendent in his 40s, was using a ladder to access the roof of a property that was part of a skylight installation project, in which his employer, Samwon Construction, was the general contractor. A subcontractor, Roofing USA, owned, installed and maintained the ladder that Choi was climbing up so that its employees could perform work on a polyester, reinforced, roof coating system. However, when Choi was almost to the top of the ladder, it gave way, causing him and the ladder to fall forward and land on the floor. Choi sustained to his head, a knee, an elbow and a finger. Choi sued the operator of Roofing USA, JNH Waterproofing Inc. Choi alleged that JNH Waterproofing had a duty to properly maintain the ladder and make sure it was properly tied off. (Choi also made a separate workers’ compensation claim against his employer, Samwon.) Plaintiff’s counsel contended that Choi had used the subject ladder to access the roof approximately 20 to 30 times before the incident and that Choi’s normal custom and practice for accessing the area of the roof that he was being worked on was to use the subject ladder. However, counsel asserted that JNH Waterproofing failed to properly tie off the ladder at the top, resulting in it falling as Choi was using it to go up to the second floor. Counsel also asserted that although Choi could have used a fixed ladder to access the roof, it belonged to the building owner and was not normally used to access the roof for the roofing work because it was located on a tenant’s property, which would have required Choi to be “buzzed in” to the premises. Plaintiff’s counsel asserted that JNH Waterproofing had a duty to properly tie down and/or secure the ladder in accordance with California Occupational Safety and Health Administration safety rules, including Cal/OSHA rules regarding ladder safety, such as § 1926.1053(b)(1), which requires the a temporary ladder, such as the subject ladder, to be tied off and secured at the landing surface, which would be the roof in the subject case. Plaintiff’s counsel also asserted that Cal/OSHA § 1926.1053(b)(1) provided, in pertinent part, that when portable ladders are used for access to an upper landing surface, the ladder side rails shall extend at least 3 feet (0.9 meters) above the upper landing surface to which the ladder is used to gain access or, when such an extension is not possible because of the ladder’s length, then the ladder shall be secured at its top to a rigid support that will not deflect. Counsel further asserted that Cal/OSHA § 1926.1053(b)(6) provided, in pertinent part, that ladders shall be used only on stable and level surfaces unless they are secured to prevent accidental displacement. Defense counsel asserted that there was no liability on the part of JNH Waterproofing, especially since Choi was the site superintendent for the general contractor, who was responsible for site safety. Counsel also noted that Choi had previously used the ladder to go down to take his lunch break, but that Choi had failed to check to see if the ladder was properly tied off on the morning of the incident or on any of the other occasions when he used the ladder to access the roof. Defense counsel further noted that there was also a scissor lift that belonged to JNH Waterproofing that was normally used to transport equipment and materials that could have been used to access the roof instead of the subject ladder., Choi sustained a displaced comminuted fracture of the right patella, a zygomatic fracture, a fracture of the orbital floor and a fracture of the base of the skull. As a result, he lost consciousness after the fall. He also sustained a fracture of the left radial head, a displaced fracture of the left radius, and fracture of the fifth metacarpal bone of the right hand. When Choi regained consciousness, his employer was at his side and told him that an ambulance was on the way. Choi was then taken to Los Angeles County+USC Medical Center, in Los Angeles, where he was hospitalized. On Nov. 13, 2015, an oral and maxillofacial surgeon performed a simple repair of superficial wounds of the face, ears, eyelids, nose, lips and/or mucous membranes, which measured 5.1 centimeters to 7.5 centimeters. The surgeon also repaired a facial artery and facial skin. Two days later, an orthopedic surgeon repaired a displaced comminuted fracture of the right patella by performing a patellectomy or hemipatellectomy, a debridement of an open wound, and a suture of the infrapatellar tendon. The surgeon also extracted subcutaneous tissue and fascia of the right lower leg and repaired the right knee tendon. On Nov. 17, 2015, another orthopedic surgeon performed an open reduction and internal fixation procedure on the left elbow and left forearm fractures, including elbow arthroplasty and a total elbow replacement with the use of a distal humerus and proximal ulnar prosthetic, and an open approach replacement of the left elbow joint with synthetic substitute. On Nov. 23, 2015, a urologist and a surgical team performed a Gillies approach open treatment of the depressed fracture of the zygomatic arch. The physician also repositioned the right zygomatic bone and right orbit with internal fixation devices. The physician also supplemented the right orbit with a synthetic substitute. In addition, another surgeon and surgical team performed an open reduction and internal fixation procedure of the orbital floor fracture on the same date. Although Choi is able to return to light-duty work, his employer does not have work for him. Defense counsel did not contest the extent of Choi’s .