On May 3, 2012, plaintiff William Roth, 56, an inventory coordinator and gas tech III for Air Liquide Electronics, was delivering canisters of compressed gases to Air Liquide’s customer, Skyworks Solutions Inc., in Newbury Park. Among the products Roth delivered were canisters of compressed oxygen gases, contained in metal tanks and delivered on carts bundling six individual tanks held together by a manifold on top of the tanks. The “six pack” of canisters weighed approximately 1,200 pounds, and the cart rolled on steel wheels, with the two wheels in the rear of the cart used as steering wheels. Roth had to push the cart from the location where he parked his delivery truck to a gas corral, where the six pack of tanks were housed at Skyworks. However, as Roth pushed the cart, it got stuck on the pavement. Roth attempted to keep the cart upright to prevent it from tipping over, but he claimed he injured his back. Roth sued Skyworks Solutions Inc., alleging that Skyworks improperly maintained the exterior pavement of the premises, creating a dangerous condition. Roth alleged that as a result, Skyworks made it so that he could not safely deliver the shipment. Skyworks Solutions subsequently brought a third-party claim against Roth’s employer, Air Liquide USA LLC, seeking indemnification. Skyworks and Air Liquide both denied liability. Their counsel asserted that thousands of deliveries were made without incident and that Roth was at fault., Roth claimed he sustained severe and permanent back , requiring three lumbar surgeries. He first underwent a bilateral lumbar laminectomy at the L4-5 level with decompression, segmental instrumentation and Matrix screws. However, Roth claimed the first surgery failed and resulted in non-union. As a result, he underwent a second surgery, which consisted of a partial, anterior vertebrectomy and decompression at the L4-5 level. The procedure also included a replacement of the L4-5 instrumentation with a prosthetic cage, an anterior interbody fusion, and an allograft. Roth later underwent a third surgery to remove the hardware from the first surgery. The procedure included a lumbar fusion at L4-5 and a decompression at L3-4. Roth claimed that despite the surgeries, he was determined to be totally disabled. Thus, Roth sought recovery of approximately $61,000 in medical costs, $282,000 in past loss of earnings, and $230,000 in future loss of earnings. He also sought recovery of damages for his past and future pain and suffering. Roth’s wife, Laura Roth, presented a derivative claim, seeking recovery for her loss of consortium.