On June 28, 2010, plaintiff James Shipman, 54, a construction site superintendent for Total Contract Maintenance, was working as the supervisor on a project located at 42126 Big Bear Boulevard, Unit H, in the San Bernardino National Forest at Big Bear Lake. While he was painting a doorframe, a carpet roll was being unloaded from a pickup truck by installers from a subcontracting company, Smith Floors & Installations. Total Contract had contracted with Smith Floors to transport, deliver and then install 1600 square feet of carpet inside Unit H. Total Contract and, particularly, Shipman had done business with Smith Floors on a number of other projects and had a nice business relationship with one another. The lead carpet installer, Rosalio Carrillo Zuniga, and two other crew members from Smith Floors arrived at the site location at around 7:35 a.m. The carpet roll that was going to be installed was in a 13-foot, 500-pound roll and was transported on top of a customized rack located on Carrillo Zuniga’s work pickup truck. Carrillo Zuniga drove his truck around to the rear of Unit H and proceeded to park near Unit H’s service door. While Carrillo Zuniga was parking the truck, Shipman stood inside the middle of Unit H’s service doorframe, with the door open, painting the doorframe. Carrillo Zuniga then exited his work truck and approached Shipman to speak with him. While they were conversing, two other crew members from Smith Floors stepped onto the bed of the pickup truck and were preparing to unload the carpet roll by simply pushing it off the side of the rack, which was perpendicular to the driver’s side of the vehicle. While Shipman was painting the doorframe, Carrillo Zuniga, who was standing outside of the doorframe, noticed his crew was having difficulty pushing the carpet roll over the side of the truck. As a result, Carrillo turned toward his truck, took his eyes off of Shipman, looked up at the carpet roll and, from the ground level, raised his hands and placed it on the carpet roll to assist his crew. As Carrillo walked toward his truck, Shipman stepped outside of the doorframe, and took two or three steps into the parking lot. Within seconds of stepping outside the door, the carpet roll was dropped on to the right side of Shipman’s body, ultimately rolling onto this right ankle and causing an open fracture. Shipman sued the operator of Smith Floors & Installations, EJKC Inc.; the lead carpet installer, Rosalio Carrillo Zuniga; and another installer, Victoriano Gallegos. Shipman alleged that the defendants were negligent for failing to maintain a safe working environment by not placing cones in the area. Shipman claimed that the defendants unloaded the carpet roll in a negligent manner, and that this negligence exclusively caused his . He also claimed that the defendants failed to mark or block off the area where the carpet was to be unloaded. In addition, Shipman claimed that neither Carrillo Zuniga nor any of his crew provided him, or any other person at the site location, any verbal or physical notice that they were going to be unloading the carpet roll. Defense counsel contended that, as the construction supervisor on the site, Shipman had superior knowledge about work place safety and was aware that the area in front of the delivery truck was to be used to unload the carpet. Counsel also contended that there was no requirement stating that cones had to be placed where the truck was. Thus, EJKC claimed that it and its employees were not at fault for the accident in any manner. In addition, defense counsel asserted that Shipman was at least 50 percent at fault for the accident, as Shipment knew where the carpet was going to be unloaded and was inattentive by talking on his cell phone at the time of the accident., Shipman sustained an open fracture of his right ankle. Due to the traumatic nature of his injury and the lack of properly equipped local hospitals, Shipman was transported by medical helicopter to Arrowhead Regional Medical Center in Colton. His ankle injury was initially stabilized at the hospital, but he ultimately required emergency open reduction and internal fixation surgery the following day. Shipman was then forced to undergo months of physical training. As a result of his , Shipman was on disability for over two years. Plaintiff’s counsel contended that Shipman was an avid golfer and an even more avid drummer, but that his affected his ability to enjoy those things. Specifically, plaintiff’s counsel contended that the to Shipman’s right ankle were such that he could no longer use his “beat” foot and, therefore, could not keep proper time while paying drums. Thus, Shipman sought recovery of damages, included roughly $49,690 for his total medical bills, as well as an unspecified amount for his pain and suffering.