On Aug. 23, 2011, plaintiff Nathan Beckner, 30, a journeyman glazier, was working for Silicon Valley Glass on the construction of the Santana Row project in San Jose. While Beckner was descending a scaffolding ladder, he looked over his shoulder to his left to see how far he was to the ground. However, as he turned his head, he impaled his left eye on an unguarded steel fence post with thin, sharp U-shaped channels welded on the side. Beckner sued the general contractor, Beacon Construction Inc.; the scaffold company, WM O’Neill Lath and Plastering Corp.; and subcontractors F&F Steel & Stairway Inc. and Green Valley Corp. (which was doing business as Barry Swenson Builder). Beckner alleged violations of Occupational Safety and Health Administration guidelines for safety on construction sites. Plaintiff’s counsel contended that the defendants were negligent as soon as the post went into the ground because the post was over 2-feet and it should have been capped. Counsel also contended that the scaffolding was installed too close to the fence post. Defense counsel contended that Beckner was at fault for not wearing safety glasses, as Beacon Construction required all workers on the site to wear safety glasses at all times and that the safety rule was set out in the contract documents. Counsel also contended that the uncapped steel posts were open and obvious. In addition, defense counsel asserted that the only requirement for capping pertained to rebar and that the steel posts were not rebar. In response, Beckner claimed his employer’s policy was only to wear safety glasses when grinding, cutting, or sanding, tasks he wasn’t doing at the time of injury., Beckner was taken to O’Connor Hospital, in San Jose, where he was diagnosed with a left open globe injury and a deep, left, upper eyelid laceration. He was subsequently taken to the operating room, where the sclera laceration was repaired, the vitreous was repositioned, and the cryoapplication of the laceration at the retinal site was completed. Beckner was discharged the following day. However, he continued to have vision problems and was ultimately diagnosed with a retinal detachment. There have been at least three additional outpatient eye procedures. Beckner claimed his left eye is disfigured. As of January 2014, Beckner’s vision remained compromised and he claimed his recovery has plateaued. He also claimed that he is at risk for glaucoma that can be controlled by medication. Beckner was unable to work for approximately one year following the accident and then returned to his usual and customary trade with Silicon Valley Glass. However, he claimed that because of he has compromised vision in one eye he should not work at heights because of his depth perception issues. Thus, Beckner claimed that his medical expenses and temporary total disability, together, totaled approximately $100,000, which was paid by the workers’ compensation carrier.