In August 2009, plaintiff Mattias Bussard, 48, agreed to paint the eaves on a triplex home owned by his friend, Lloyd Ings, at a rate of $20 per hour. Ings is a retired telephone worker and owns two triplexes in West Los Angeles. On Sept. 24, 2009, the first day of painting, Bussard fell backward off the roof and fractured his right elbow, as well as suffered multiple abrasions to his body. Bussard acknowledged there was nothing defective about the roof, and that he simply misjudged the size of it. Ings paid Bussard’s medical bills for a period of time, but stopped when it became too expensive. Thus, Bussard sued Ings, alleging Labor Code violations. Bussard conceded he was not an employee because he had not worked the minimum necessary hours to qualify as an employee. However, he claimed that since he was not a licensed painter, he was an employee of Ings per Labor Code § 2750.5. He further claimed that because the accident occurred on a rental property, Ings was subjected to Cal-OSHA duties per Labor Code § 6300. Ings filed a counter-complaint against Bussard, alleging fraud and elder abuse. Ings’ counsel contended that Labor Code § 2750.5 exempts “household domestic service” from the OSHA requirements of Labor Code § 6300 and that a rental property held by a retiree should not be deemed a “business,” rather than a personal “household.” Thus, Ings’ counsel moved for summary judgment in regards to the exemption., Bussard fractured his right, dominant elbow and sustained multiple bruises to his body. He was subsequently taken from the scene of the accident and brought to an emergency room, where he underwent surgery on his right elbow. His elbow was then placed in a cast for three weeks and Bussard followed up with five months of physical therapy. Bussard claimed he made a good recovery, but that he can no longer play tennis or go to the gym. He also claimed out-of-pocket expenses of $18,000 and sought damages for his pain and suffering. Ings agreed that all damages were related to the incident.