On June 16, 2005, plaintiff Enkbaatar Tsedendorj, 52, a laborer, was in the process of installing windows on a house in San Jose when he fell from the roof. He had slipped on a piece of plywood and fell, landing on his feet on the ground. He then fell backward and hit his head, lacerating his tongue, and his head and neck. Tsedendorj sued Vladimir Yevtushenko, the contractor for whom he worked, and Kenny Voong, the homeowner who hired Yevtushenko. Tsedendorj alleged that the defendants failed to maintain a safe work environment. He also alleged that Yevtushenko was unlicensed and did not carry workers compensation insurance, both of which are violations of the California Labor Code. Tsedendorj claimed he was told he had to use the plywood to stand on because the house had a new tile roof and Voong did not want the workers walking directly on it. He claimed that although he initially objected to using the plywood, he was told that he had to use it if he was to install the windows. Thus, Tsedendorj contended that he should not have had to use the plywood and that the conditions were unsafe for him to perform the work. He also contended that Voong was observing the work when he fell from the roof. Yevtushenko, who appeared in pro per, contended that the work was performed in a manner that was safe, but for the alleged instructions he was given by Voong to utilize plywood to protect the tile roofing during the window installation. Voong contended that Tsedendorj realized the plywood was unsafe and should not have used it. Thus, Voong’s counsel contended that Tsedendorj was 90 percent at fault for the accident and that Yevtushenko was 10 percent liable., Tsedendorj suffered a concussion, a head laceration and a partially severed tongue. He later developed bilateral hearing loss and neuropathic extremity . After the fall, Tsedendorj was treated at the San Francisco General Hospital Emergency Department, where he complained of headaches and head wounds. His tongue was also stitched and he underwent a CT scan, which showed pre-existing hydrocephalus, a buildup of too much cerebrospinal fluid in the brain. Tsedendorj was told to return to the hospital if his headaches persisted, and he returned two days later with continuing headaches. As a result, a shunt procedure was scheduled to address the hydrocephalus, which was performed 10 days later to reduce pressure. Tsedendorj claimed the shunt procedure failed to materially reduce the chronic headaches, and he subsequently started having hearing loss. He ultimately developed total bilateral hearing loss. Tsedendorj’s condition continued to progress until he demonstrated some cognitive impairment, and neuropathic problems in his upper and lower extremities. The plaintiff’s medical experts opined that based on Tsedendorj’s condition, he could be wheelchair bound in 10 to 20 years. Thus, plaintiff’s counsel suggested that the jury award Tsedendorj up to $10 million in total damages, including an unspecified amount of past lost wages, $1.7 million in future lost wages, $1.4 million in future medical expenses based on a life care plan supported by plaintiff’s neurosurgery, physical medicine and life care planning experts, and an unspecified amount of damages for Tsedendorj’s pain and suffering. Voong’s counsel argued that Tsedendorj’s damages should only total $50,000.