On Nov. 28, 2016, plaintiff Marc Gibson, 29, a laborer, worked at a job site in Five Points on a project that involved the use of general laborers to collect excess debris and waste, and deposit it into large trash cans, referred to as 40-yard roll-off boxes. The 40-yard roll-off boxes are industrial bins that have a lid that roll over the top to provide cover. The lid is plastic and has a metal frame fastened to it, which connect arms that have roller bearings that slide inside metal groves, allowing the bin to be opened and closed. When fully opened, the lid is suspended in the air and rests perpendicular to the ground alongside the body of the roll-off box. When fully closed, the lid sits atop the bin, covering the entire opening. As part of the day’s work, Gibson was opening lids to a certain section of 40-yard roll-off boxes. To open the lids, the laborers used a metal bar with an eyelet at the end. They would place the eyelet through an attachment on the lid, and pull it outward and then downward. As Gibson was pulling the lid open on one particular roll-off box, the lid reached a point where it began to slide into position on the side of the unit, but instead of resting in that position, the lid detached from the roller bearings and fell toward Gibson. In an effort to evade the lid, Gibson jumped back and extended his arms forward to brace for the fall of the lid. In doing so, Gibson assumed the weight of the entire lid, which was estimated to be several hundred pounds. The lid then fell to the ground. Gibson claimed that he suffered of his back. Gibson sued the company that leased the roll-off box that was missing a roller bearing, Allied Waste Services of North America, LLC, which was initially erroneously sued as Republic Services Inc.; the manufacturer and designer of the lid, Impact Plastics Inc.; and the manufacturer of the roller bearing component part that was integrated into the lid design, PIW II Inc. Gibson alleged that Impact Plastics and PIW II were strictly liable for the defective designs of the lid and the roller bearing component part, respectively. Gibson also alleged that Allied was negligent and strictly liable for the defective product that it leased. Defense counsel contended that employees of Cupertino Electric Inc. negligently misused the roll-off box by opening and closing the lid with heavy equipment, thereby damaging the lid and causing the failure. Counsel also contended that Cupertino Electric was negligent for failing to enforce a policy wherein only foremen, as opposed to general laborers, were permitted to open and close the lids., Gibson claimed the accident caused a herniated disc at the L5-S1 level and a bulging disc at the L4-5 level. He claimed that he ultimately required lumbar fusions at both levels. Gibson claimed that upon impact with the lid, he immediately felt discomfort and pain in his wrists and that, within a few hours, he developed lower back pain and was sent home. His wrist pain resolved, but he eventually came under the care of Industrial Health Care, in Selma, which sent him for diagnostic studies to his cervical and lumbar spines on Dec. 6, 2018. The cervical examination was normal, but the lumbar examination contained a positive finding for lumbar pathology. Gibson was then referred to a neurosurgeon, who initially treated him with physical therapy and medication. However, when the pain did not subside, more aggressive treatment was administered in the form of epidural steroid injections. Gibson claimed that the injections only provided temporary relief, so he underwent a discectomy to replace the herniated lumbar disc at L5-S1 in early 2018. He claimed that the surgery did not improve his condition, so he underwent a second surgery, lumbar fusion in August 2018. When the pain persisted for several months, an MRI was performed and it revealed that there was a significant disc bulge at the adjacent level of L4-5. As a result, Gibson underwent a second lumbar fusion in August 2019. Gibson was placed on modified duty the day after the accident, and he never returned to his usual and customary duties. Gibson claimed that he will need future lumbar injections, physical therapy, pain medication and future surgery. Gibson sought recovery of $216,088.24 in past medical costs, $118,000 in past lost wages, $683,000 in future medical costs and $231,500 in future lost wages. He also sought recovery of damages for his past and future pain and suffering. The defense’s medical experts opined that Gibson’s were caused by a subsequent stretching exercise, which Gibson performed at the direction of Cupertino Electric’s personnel.