On Sunday, Oct. 20, 2013, plaintiff Steven Meier, 59, a security guard employed by Securitas Security Services, was patrolling a PennySaver USA facility in Mira Loma. During the patrol, Meier was struck from behind by a reversing forklift being operating by PennySaver USA employee Oliver Zavala Cervantes. The forklift dragged Meier 15 feet before stopping, and a second forklift was brought in to dislodge Meier’s leg from underneath the forklift. Thus, Meier sustained to his right leg. Meier sued Cervantes; PennySaver USA; and the company that acquired the Pennysaver, OpenGate Capital LLC. OpenGate Capital was ultimately let out on summary judgment, and the matter continued against the remaining defendants. Meier alleged that Cervantes failed to operate the forklift safely and failed to look in the direction of travel. Thus, Meier claimed that although the incident happened during the busiest time of the week for forklift operation, Cervantes was negligent in the operation of the forklift and that Cervantes’ actions constituted negligence per se. While Cervantes conceded that he was not looking in the direction of travel before the impact with Meier, he claimed that Meier was inattentive and was comparatively liable for the accident and his . Defense counsel contended that the forklift was equipped with a working backup alarm and a strobe light, both of which Meier did not pay attention to. Counsel argued that Meier’s inattention was particularly negligent because his job as a security guard was to be attentive and to have his head “on a swivel.” Defense counsel further argued that while it was not a requirement for security guards to wear safety vests or carry flashlights, vests and flashlights had been provided, and that Meier should have utilized them at the time of impact. Plaintiff’s counsel noted that Meier had been wearing a vest earlier in his shift, but took it off because it was hot., Meier was dragged several feet by the forklift, causing his right leg and ankle to be crushed, and his lower right leg to be degloved. He was subsequently rushed to Riverside Community Hospital, in Riverside, where he underwent various surgeries to repair his leg and ankle. Over the next 1.5 years, Meier underwent 11 surgeries to repair the damage to his right leg, foot and ankle, and to address infections that kept setting in due to the large zone of injury. A year and a half after the collision, a severe infection unexpectedly set in, and Meier’s right leg was immediately amputated below the knee. Following the amputation, Meier underwent three revision surgeries before he was able to be fitted for a temporary prosthetic in November 2016. Meier is expected to receive a permanent prosthetic in 2018, but because of his age and the condition of his residual limb, he will continue to require attendant care for the rest of his life. He is also expected to undergo further revision surgeries to his residual limb in order to remove excess skin and improve the condition of the limb. During jury deliberations, the parties established a $22 million/$4 million high/low agreement, with the amount to be adjusted based on the finding of liability. The agreement was put on the record.