On May 28, 2009, plaintiff Jesus Jimenez Rivera, 35, a warehouse laborer, was working at the World Buyers warehouse in Vista. Rivera was standing on a step ladder 10 to 12 feet above ground attempting to retrieve boxes from a pallet rack when he lost his footing and fell backward. He subsequently struck the side of a box truck and landed on a piece of furniture below the ladder. Rivera claimed to his left shin, mouth and lower back. Rivera claimed he was denied workers compensation benefits, and sued World Buyers Inc., his employer. Rivera also sued the owner of the warehouse, Green Door LLC; and the former owners of the warehouse, Trent Lake and Jennifer Betlazar. In June 2012, World Buyers’ workers’ compensation carrier accepted coverage for Rivera, and World Buyers was dismissed from the action. In addition, the relevant owner of the warehouse was ultimately identified to be Green Door, and Lake and Betlazar were dropped from the case. Thus, Rivera proceeded to trial against Green Door only. Rivera alleged that he had to use a 12-foot, A-frame ladder to retrieve boxes from the top shelf of the pallet rack. However, he claimed that the storage of unpalleted boxes on the top shelf of the pallet rack created a dangerous condition. Thus, Rivera claimed that Green Door knew, or should have known, about the dangerous condition created by World Buyers’ placement of merchandise on the top shelf of a pallet rack without pallets. Green Door denied liability. It claimed that the accident was the result of Rivera’s own negligence and World Buyers providing Rivera with the wrong equipment on the date of loss. Green Door further claimed that the accident was caused by the unsafe business practices of Rivera’s employer, World Buyers. In addition, Green Door claimed that it maintained safe premises and that the accident was not related to the condition of the property., Rivera claimed that because he was initially denied worker’s compensation benefits, he did not present to a doctor until two weeks after the accident. When he presented to a clinic, he had a deep contusion on the left shin, he was missing some teeth and he had a strain to his lower back. Rivera claimed his teeth were knocked out during the fall and that the lower back strain was also caused by the accident. The bruise on his left shin was aspirated, and he was prescribed antibiotics and told to treat with compression. Rivera claimed the contusion did not heal and remained deep in his left shin area. He also claimed that he developed an abscess in the area of one of his damaged teeth and that the bacteria from the abscess entered his blood and seeded the damaged tissue of his left shin. As a result, Rivera’s shin infection developed into necrotizing fasciitis and on Jan. 28, 2011, he was hospitalized and underwent surgeries to remove a portion of the infected skin over his left shin, coupled with a skin graft. Despite the surgeries, Rivera claimed his lower left leg still requires a full flap procedure to close the ongoing wound, which opens with increased mobility. He also claimed that he still requires dental work, and that his from the accident were worsened due to him waiting over three years for workers’ compensation coverage. Rivera has not returned to work, and he claimed that his condition has physically restricted his day-to-day activities, as well as hobbies like playing soccer with his son. Rivera’s past medical expenses, in excess of $250,000, were submitted to the workers’ compensation carrier for payment, and Green Door purchased the lien for past medical expenses. Rivera did not seek any lost earnings in the case, and plaintiff’s counsel contended that Rivera’s claims against Green Door were limited to an apportioned share of future medical costs and pain-and-suffering damages. Green Door’s counsel contended that the infection was not causally related to Rivera sustained in the subject accident.