On Oct. 5, 2012, plaintiff Frank Lathrop, 39, a framer who was on his second day of employment for Dave Meyers Construction, a framing contractor, was working on a construction project at Clovis Crossings Shopping Center, located at 1045 West Herndon in Clovis. At approximately 6 a.m., Lathrop began working on the roof of the center’s Petco building. Lathrop accessed the roof via a scissor lift operated by another worker, and they both used one of the openings for the rooftop unit or heating, ventilation, and air conditioning. At approximately 7:15 a.m., Lathrop accessed the other end of the roof to spread plywood on the surface so he and his coworkers could then raise it up and nail it to the parapet wall. However, while Lathrop was placing the plywood, he fell through an unsecured plywood covering and landed on the cement floor 20 feet below. Lathrop claimed to his head and spine. Lathrop sued the general contractor of the project, Michael R. Tolladay Corp., and a sub-contractor that also worked on the project, Valley Air Conditioning Engineering Inc. Lathrop alleged that Michael R. Tolladay Corp. was liable for various violations of the California Labor Code, General Industry Safety Orders, and Construction Safety Orders. He also alleged that both defendants breached the holding of Suarez v. Pacific Northstar Mechanical Inc., which held in part that the California Occupational Safety and Health Administration (Cal/OSHA) provisions impose a duty on each employer, at a multi-employer work site, to report all non-obvious hazards about which the employer learns because its employees were exposed to them during the course of their work, even if the subject employer did not create the hazard. Michael R. Tolladay Corp. subsequently filed a cross-claim against Valley Air Conditioning Engineering and Lathrop’s employer, Bantus Inc., which was doing business as Dave Meyers Construction. Michael R. Tolladay Corp. alleged that the actions of Valley Air Conditioning and Bantus Inc. constituted breach of contract. It also sued for express indemnity. Michael R. Tolladay Corp. alleged that it was an additional insured under Valley Air Conditioning’s liability insurance policy and as a result, Valley Air Conditioning had a contractual duty to defend and indemnify it. Lathrop’s counsel contended that one to two days before the accident, two employees of Bantus Inc. cut a roof access hole in order for the roof hatch to be installed at the location. Counsel contended that after cutting out the plywood, the employees placed it diagonally over the hole and nailed it down. Counsel further contended that on the day before the accident, at approximately 10:30 a.m., Gary Tolladay, the superintendent of the project and brother to Michael R. Tolladay, was raised up via a scissors lift and accessed the roof through the opening, during which he removed the plywood. Lathrop’s counsel contended that Gary Tolladay, his foreman and an inspector for the city of Clovis went up to the roof to inspect it and then exited through the same access hole approximately 15 minutes later. However, counsel argued that Gary Tolladay replaced the plywood, but did not secure it. Thus, Lathrop’s counsel asserted that Gary Tolladay did nothing to warn any of the trades on the job site, or any of his employees, about the opening and that he did nothing to insure the opening would not be used as an access point as he had done. Counsel further contended that Gary Tolladay made a statement to that effect to the investigating police officer and asserted that HVAC workers with Valley Air Conditioning also accessed the roof on Oct. 4, 2012, through the subject opening. Michael R. Tolladay Corp. contended that Bantus Inc. was at fault for creating the opening, and not permanently securing it or warning of its existence. It also contended that Lathrop was comparatively at fault for his by walking through the opening. Counsel for Michael R. Tolladay Corp. filed a motion for summary judgment, asserting that Lathrop’s action was barred because Lathrop received worker’s compensation benefits, Michael R. Tolladay Corp. did not exercise control over the operative details of Bantus Inc.’s work, and Michael R. Tolladay Corp. did not affirmatively contribute to the accident or Lathrop’s alleged ., Lathrop was taken by ambulance to an emergency room, where he was diagnosed with a traumatic brain injury. He underwent a CT scan, which showed evidence of large areas of low density in the bilateral frontal lobes, an edema, a subarachnoid hemorrhage, and an occipital bone fracture. Lathrop also suffered a T12 fracture and a severe L1 burst fracture into the spinal canal. He subsequently underwent a T12 corpectomy with posterior fusion at T12-L1 and L1-2. In March 2013, he had an L1 retroperitoneal corpectomy, fusion at T12-L1 and L1-2, and a posterior placement of pedicle screw instrumentation. A neuropsychologist determined that Lathrop had a mild neurocognitive disorder along with adjustment disorder and depressed mood. He also determined that Lathrop had a substance abuse disorder (alcohol and methamphetamine) that pre-existed the accident, but that he was in full sustained remission. Lathrop suffered from a neurogenic bowel and bladder with erectile dysfunction. As a result, he has to self-catheterize four to five times a day and modulate his bowels with medications. He claimed his bladder condition remains ongoing. Lathrop also claimed he can no longer work due to his condition. Thus, Lathrop sought recovery of $1,315,325 in present value wage loss. He also sought recovery of future medical costs and damages for his pain and suffering. His wife, Romelia Lathrop, sought recovery of damages for her loss of consortium. Mr. Lathrop’s workers’ compensation carrier, California Contractors Network, was not prepared at mediation to discuss resolution of the lien/credit rights. However, Mr. Lathrop claimed that the lien amounted to approximately $693,000 for his paid medical bills. He also claimed that approximately $55,000 of that figure was for his temporary disability. The defense’s independent medical exams in neuropsychology and physical medicine/rehabilitation were scheduled for May 2014. Defense counsel had requested a vocational interview and evaluation, but plaintiffs’ counsel declined based upon there not being statutory or case law to support such an examination. Defense counsel contended that Mr. Lathrop could return to work in a different position and that he had already resumed doing substantial work around his house. Counsel also contended that Mr. Lathrop was able to care for himself in all regards by the time of mediation.