On the afternoon of March 22, 2007, plaintiff Rob Moon, 37, a truck driver, arrived at Brown-Strauss Steel yard in Fontana to pick up a load of structural steel. While Jason Hockman, a forklift operator at the steel yard, was preparing to load a 38-foot piece of steel tubing onto the truck’s flatbed trailer, he and Moon disputed on how to load the tubing. Moon suggested placing the tubing inside an I-beam, while Hockman wanted to stack it on top of another 30-foot tube. After Hockman used the forklift to put the tube onto the trailer, Moon was knocked from the trailer and the 38-foot tube fell onto his left leg. Moon sued Hockman, Brown-Strauss Steel and the holding corporation, Blue Tee Corp. He alleged that Hockman was negligent in the placement of the steel tubing, and that Brown-Strauss and Blue Tee were negligent in the training and supervision of Hockman. Moon claimed that after arguing with Hockman over how to load the 38-foot tube, Hockman got aggravated and jerked the forklift, causing the subject tube to fall from the forklift and land onto the trailer. He alleged the impact knocked him off of the trailer and caused the tube to crash down on his left leg. Hockman claimed that he did not want to load the 38-foot tube inside the I-beam (which was sideways in an H shape), since it was dangerously in risk of slipping out. He claimed that, instead, he placed the tube on top of another 30-foot tube and moved the forklift away from the trailer. Hockman claimed that from the corner of his eye, he saw Moon on the trailer attempting to move the subject tube into the I-beam and that while doing so, the opposite end of the tube knocked the plaintiff off of the trailer, causing the tube to then crash onto his leg. Brown-Strauss and Blue Tee contended that proper safety was enforced at the steel yard, and that Hockman was properly trained and supervised. They also contended that in 13 years and over 100,000 drivers arriving at the yard, the subject accident was the first one involving a truck driver and that Moon’s own negligence caused the accident., The trial was bifurcated. Thus, damages were not before the court. Moon was taken from the scene of the accident by ambulance and brought to an emergency room. He sustained a fractured left femur, for which he underwent open reduction and internal fixation within days of the accident. Moon also claimed he sustained cervical and lumbar disc herniations at C5-6 and L5-S1, for which he underwent a cervical fusion and lumbar laminectomy in 2009. He subsequently followed up with physical therapy, which is still ongoing. Moon claimed that he is completely disabled and will never be able to return to work. As a result, he is currently on worker’s compensation. Moon also claimed he experiences intractable pain in his left leg, neck and back, which preventing him from going skiing, riding dirt bikes or performing other activities. Thus, Moon claimed over $300,000 in damages for past medical costs, in excess of $3 million in damages for lost earnings (worker’s compensation lien of $250,000), $1.5 million in damages for his future life care plan, and an unspecified amount in damages for his past and future pain and suffering. Defense counsel did not dispute Moon’s fractured femur, but would have argued that his negligence caused the injury. Counsel also would have argued that Moon’s neck and back were unrelated to the accident.