On Nov. 17, 2010, plaintiff Timothy Brunnick, 40, a handyman, went to perform a job at the home of James and Andrea Rohde at 1338 Valley View Way in Crestline. Brunnick was hired by Mr. Rohde to help clean and paint the eaves of the house near the second story roofline. Brunnick brought two levels of scaffolding and a ladder for the job, while Mr. Rohde provided a second ladder, as well as paint, brushes, and other equipment that was used by Brunnick. Brunnick worked at the house over three days. On the first day, he and Mr. Rohde erected the two levels of scaffolding on the north side of the house, securing the scaffolding to the house with nails and wire. Over the first two days, Brunnick worked on the north side of the house. On the third day, Nov. 19, 2010, it was determined that he would work on the south side of the house when he returned from lunch. When Brunnick returned, Mr. Rohde had already dismantled one level of the scaffolding and erected it at the opposite side of the house. However, Brunnick claimed that he could not reach the eaves near the roof line with a single level of scaffolding and that in order to reach, he placed a ladder on the first level of scaffolding and secured it by wiring the bottom to a nailed board and the top to nails sunk into the side of the house. After Brunnick worked for approximately 20 minutes on the ladder, the scaffolding began to tip and come away from the house. As a result, the ladder dropped to the ground with Brunnick clinging onto it. He then landed onto the brick ground below, sustaining multiple fractures to his left leg and ankle, as well as alleged to his left knee, left hip, and back. Brunnick sued James Rohde and Andrea Rohde, alleging negligence and premises liability. Ms. Rohde was ultimately dismissed from the case prior to trial. Brunnick claimed he believed Mr. Rohde had properly erected the scaffolding and secured it to the south side of the house, just as the two of them had done when they first assembled the scaffolding on the north side of the house. Thus, he claimed that Mr. Rohde’s negligent erection of the scaffolding on the south side of the house caused it to tip over, resulting in his personal . Mr. Rohde claimed that he informed Brunnick that he had moved the scaffolding from the north side of the house to the south side, but that he had not tied it off. Thus, defense counsel argued that Brunnick was negligent in failing to inspect and secure the scaffolding before using it and that Brunnick was negligent in placing a ladder on the scaffolding. Counsel further argued that Brunnick was an independent contractor and that, therefore, Brunnick was responsible for his own safety while on the premises., Brunnick sustained a comminuted fracture of the left distal tibia that extended to the left ankle mortise (pilon fracture), and multiple left ankle fractures and soft-tissue swelling. He also complained of left knee and hip pain, as well as upper and lower back pain. Brunnick was subsequently taken by ambulance to an emergency room. He remained hospitalized for two days and underwent external fixation of his left ankle on Nov. 20, 2010. Approximately three weeks later, Brunnick underwent internal fixation with the placement of hardware. At the time of trial, Brunnick claimed he still walks with a limp, and experiences pain and lack of range of motion in his left ankle. He also claimed he still suffers lower back pain. He also claimed that his condition interfered with his daily activities, including his ability to work as a handyman. Brunnick further claimed that future treatment recommendations included viscosupplementation, which is the injection of fluid called hyaluronic acid into the knee joint for pain relief, and a fusion of the ankle joint. Thus, Brunnick sought recovery of $109,924.59 in past medical costs, and recovery of an estimated $40,000 for a future ankle fusion and $6,000 to $8,000 for injections over a period of four years. He further sought recovery of damages for his pain and suffering. (He did not seek recovery of lost earnings.) Defense counsel did not dispute the ankle fracture was caused by the fall, but argued that Brunnick’s medical bills were excessive and that Brunnick did not require any future surgery. Counsel further argued that Brunnick’s lower back complaints were unrelated to the accident.