On Aug. 22, 2008, plaintiff Gabriel Nieves, 60, a semi-truck driver, delivered a trailer load of 50-foot-long rolls of chain link fencing to a construction work site along Highway 99. During the unloading process, a 125-pound roll of chain link fencing rolled off the top of the parked trailer and struck Nieves on the head, fracturing his spine and throwing him to the ground. Nieves sued Southwestern Wire Inc., which manufactured and palletized the fencing, and All Commercial Fence Co., which ordered the fencing and helped to unload it. Southwestern Wire subsequently filed a cross-complaint against All Commercial Fence. However, the initial action against All Commercial Fence was dismissed from the suit prior to trial and the cross-complaint was also dismissed. Nieves’ counsel contended that each two roll “set” of chain link fencing was supposed to be secured to each other by metal wire ties looped through the fence, as well as was supposed to be secured to the wooden pallets the rolls were on top of by at least two metal bands that go around all four rolls and through the wooden pallet base. However, counsel contended that Southwestern Wire failed to adequately secure the fencing to each other and to the 4-foot-by-4-foot wooden pallets. Specifically, counsel contended that Southwestern Wire failed to have the metal tie wires on every two roll set of fencing, and also failed to have double metal bands on each pallet and, instead, only used one band. Plaintiff’s counsel asserted that one band alone was insufficient, as it may break under compressive loads of additional pallets stacked on top, and that an absence of a necessary safety device, such as an adequate number of bands securing the rolls to the pallets, caused the improperly secured fence rolls to roll off the truck during the unloading process and hit Nieves on the head. In addition, plaintiffs’ counsel contended that each 50-foot roll of woven chain fence and wooden delivery pallet, as well as each of its component parts, accessories, wires, metal bands, metal clips and attachments, were defectively designed or manufactured in that the strength of these parts were inadequate to prevent the rolls from rolling off the truck and striking Nieves. Southwestern Wire denied Nieves’ allegations of negligence. Instead, it contended that Nieves’ own inattention or negligence, or the negligence of others that were involved in the unloading process, caused the accident., After the accident, Nieves was transported by a coworker to the emergency room at Kaiser Foundation Hospital in South Sacramento. Diagnostic X-rays and scans revealed a C7 right superior facet fracture and superior plate fractures of the anterior segments of T3, T4 and T5. A wait-and-see approach was taken, and Nieves was fitted with an Aspen collar for immobilization of the cervical spine with instructions to wear it for 24 hours a day. He was also advised to return for consultation with the spine surgery clinic. On Sept. 3, 2008, Nieves was examined at Kaiser Roseville Spine Surgery Clinic and a severely restricted cervical range of motion, including pain and muscle spasms, were noted. A new diagnostic scan showed mild paravertebral hematomas at the level of the anterior segment fractures of the thoracic spine. As a result, Nieves continued with the cervical collar for the following six weeks and remained off of work for eight weeks. In addition, he was told not to lift, bend or twist, and to return for re-evaluation in four weeks. On Oct. 6, 2008, a new X-ray showed a C6-7 anterior subluxation with slight anterolisthesis. On Oct. 18, 2008, Nieves underwent a cervical fusion surgery with posterior instrumentation with vertex 3.5-millimeter titanium lateral mass screws and rods, as well as an iliac crest bone graft. He was then discharged on Oct. 21, 2008, with the cervical collar and prescriptions for Oxycodone-Acetaminophen, Hydrocodone and Ibuprofen for pain, and Diazepam for muscle spasms. Thereafter, Nieves began physical therapy for one to two times per week for six weeks and then continued with 24 total physical therapy sessions through July 8, 2009. Nieves claimed he was left with bilateral hearing loss and pain to his shoulders, and midline thoracic and cervical spine. He also claimed that his pain is aggravated by overhead activities, rotating, looking down, prolonged driving, prolonged reaching and heavy lifting. Thus, Nieves sought recovery of compensatory damages for his past and future medical expenses, and past and future income loss, as well as sought recovery of general damages for his past and future pain and suffering.