On Aug. 3, 2013, plaintiff Jose Sandoval, 45, the vice president of the switchgear division of ROS Electrical Supply & Equipment LLC, was at the main, San Diego campus of Qualcomm Inc. to inspect a specific limited aspect, or part, of the electrical switchgear in the power plant on campus. Sandoval was asked by to attend the inspection by the electrical engineer, Frank Sharghi, who worked for Transpower Testing Inc., a qualified electrical contractor with more than 20 years of experience involving the switchgear at the Qualcomm power plant. Sandoval was there to identify parts that might have been necessary for the update of the switchgear. Qualcomm de-energized, or “safed-off,” the limited part of the switchgear so that it could be inspected. Without notice to Qualcomm, Sharghi directed one of his employees to remove a protective steel cover from a live, 4,160-volt circuit breaker. Sandoval then approached it with a steel tape measure that he pulled from his pocket, and an arc flash occurred. Sandoval’s clothing subsequently caught fire, causing burn . Sandoval sued Qualcomm Inc.; ROS Electrical Supply & Equipment LLC; the owner of ROS Electrical, John Jauregui; Sharghi; and Transpower Testing Inc. Sharghi and Transpower Testing stipulated to a judgment to tender the limits of their insurance policy, of which Qualcomm was an additional insured. In addition, it was determined that ROS Electrical, which was Sandoval’s employer, and Jauregui, the owner of ROS Electrical, were doing business without workers’ compensation coverage. As a result, those parties were without counsel, and were unable to participate in the case or respond in damages. Sandoval is subsequently pursuing a separate claim with the State of California Uninsured Employers Fund. The matter ultimately continued to trial against Qualcomm only. Plaintiff’s counsel contended that Qualcomm failed to provide a safe environment and that its employees were negligent. Specifically, counsel contended that Qualcomm retained control over what parts of the switchgear remained energized prior to inspection. Plaintiff’s counsel argued that Qualcomm’s duty was to advise everyone, including Sandoval, what parts remained energized after they allegedly turned the switchgear off. In addition, counsel argued that Qualcomm agreed to tell everyone after its employees did the lockout-tagout procedure. Plaintiff’s counsel contended that Qualcomm was advised by its supervisor to not to go forward with the inspection because there were not enough Qualcomm people to be present and that despite this, Qualcomm continued with the inspection even though no Qualcomm personnel were present. Qualcomm’s counsel contended that Qualcomm’s employees properly de-energized the system to be inspected and followed appropriate safety procedures before turning the site over to Sandoval and Sharghi (and Transpower Testing). However, counsel contended that Sharghi failed to tell Qualcomm or Sandoval that he directed his employee to remove the protective steel cover from the live, 4,160-volt circuit breaker. Thus, Qualcomm’s counsel argued that Sharghi/Transpower Testing went outside the scope of the limited inspection and directed the removal of the cover that caused the incident. In addition, counsel argued that Sandoval had a duty to test and verify, or to “assume it’s hot until you prove it’s not,” as the industry standard saying goes. However, Qualcomm’s counsel asserted that Sandoval failed to test the circuit breaker before he approached it., Sandoval sustained various burn , which included third-degree burns, to over 35 percent of his body, mainly to his torso and arms. He was subsequently taken to UC San Diego Medical Center, in Hillcrest, where he remained hospitalized for more than a month. For most of his hospital stay, Sandoval remained in a medically-induced coma. He underwent multiple surgeries, including skin grafting. Currently, Sandoval is unable to fully straighten his left arm due to his left armpit area being restricted. He also has restrictions in the right, lower side of his neck. In addition, he expects to undergo more surgery to revise his residual scarring. However, Sandoval, who has more than 20 years of experience in the electrical supply industry, was able to return to work and is now employed by a different company. Thus, Sandoval sought recovery of more than $1.1 million in past and future medical costs, which were undisputed, and recovery of damages for his past and future pain and suffering.