On Oct. 12, 2013, plaintiff Jesus Arellano, 17, a high school student, was operating a gas-powered hydraulic log splitter on Sydney Schroeder’s property, in Dixon, where Schroeder operated an almond farm, and where Jesus lived with his parents. Jesus and his father were working on a project for Schroeder for about two hours when Jesus grabbed a log from behind and attempted to reposition it on the platform, just as the wedge from the log splitter was beginning to split the logs from the other end. Jesus’ left hand became caught between the back of the log and the end plate, causing to his left hand. Jesus sued Schroeder and the operatory of the almond farm, Schroeder’s company, S.R. Schroeder Inc. Schroeder brought a third-party claim against Jesus’ father, Alfredo Arellano, alleging that Alfredo Arellano was negligent in failing to properly supervise Jesus. Jesus claimed that Schroeder failed to properly train him and adequately explain how to safely use the log splitter. According to Jesus, Schroeder no longer had, or could not find, the safety/operators manual and only demonstrated how to use the log splitter for about eight to 10 minutes. He also claimed that Schroeder did not supply him with any safety equipment and that neither he nor his father had any prior experience in operating a log splitter. Plaintiff’s counsel noted that some of the aspects of Schroeder’s almond farming business were delegated to Schroeder’s personal corporation, S.R. Schroeder Inc., while other business aspects were handled by Schroeder personally. Schroeder also lived on the property and maintained his personal residence. Plaintiff’s counsel contended that Schroeder would occasionally ask Jesus’ father to perform a few menial tasks around the house or on the farm in exchange for a reduction of the $500 per month rent. Counsel also contended that, on a few occasions, Schroeder would ask Jesus to perform some menial tasks on the property for which he paid Jesus $8 an hour. Accordingly, plaintiff’s counsel argued that splitting the logs was beneficial to the corporation as well as to Schroeder, personally, and that there was a mutuality of interest between Schroeder and the corporation such as to blur the line and distinction between the two, making the corporation liable as well. Plaintiff’s counsel further argued that Schroeder was negligent, as a matter of law, under both federal and state law. Specifically, counsel argued that Schroeder was negligent under 29 CFR §570.55 (a)(1)(2), which provides that a minor between the ages of 16 and 18 is prohibited from engaging or participating in the operation, adjusting, repairing and cleaning power-driven “woodworking machines.” However, the court ruled that a log splitter did not fall within the prohibition of 29 CFR §570.55, inasmuch as it splits logs, rather than cuts logs, and is not a “woodworking machine.” Schroeder claimed that he asked Jesus to perform some tasks for him and that Jesus was not working for the corporation. He also claimed that he showed Jesus how to use the log splitter for 20 to 25 minutes and that he asked Jesus’s father to assist. However, Schroeder claimed that Jesus’ father failed to properly supervise Jesus and failed to provide Jesus with gloves and goggles., Jesus sustained crush to the index, middle, and ring fingers of his left, non-dominant hand with several comminuted fractures in the middle and ring fingers. He was immediately taken by his father to a hospital and Jesus underwent a short course of physical therapy. He also underwent some psychological counseling for his emotional distress. However, due to tissue death, the middle finger ultimately had to be amputated entirely. Jesus claimed that he suffers from minor, persistent, phantom pain as a result of the amputated middle finger and that the ring and middle fingers were permanently damaged and diminished. He alleged that he now has about 60 percent diminished range-of-motion capacity in his left hand and a 40 percent loss of grip strength. Although he was only 17 at the time of the injury, the parties agreed that Jesus was likely to work in a manual labor-type of job before the injury, but that his hand injury has affected his ability to work that type of job. Jesus sought recovery of $317,000 for his diminished earning capacity and about $1 million in general damages for his pain and suffering. (He waived his medical expenses, which were paid for by Medi-Cal, and were negligible.) Defense counsel argued that Jesus would not suffer any diminished earning capacity over his lifetime, as Jesus could work as a truck driver or a painter. Defense counsel suggested that Jesus should only be awarded $25,000 in general damages with only five percent attributable to Schroeder and the other 95 percent attributable to Jesus and his father.