On May 28, 2010, plaintiff Harry Mahood, 52, a pipefitter, was working on the construction of a solar production facility in Bakersfield through his employment with Special Service Contractors Inc. The construction was for a demonstration project owned and constructed by Areva Solar Inc., a renewable energies division of French group AREVA. The facility’s blueprint included four lines of 25 towers (100 in total) that reached 65 feet high. On the date in question, Mahood was working on the 24th tower of the last line to be constructed. While working directly underneath the tower, the structure failed and started to come down, causing a domino effect on the line. Mahood claimed he ran for his life, and tripped and fell in the process, sustaining a complex fracture of his left elbow. Mahood sued Areva Solar Inc.; Ausra CA I, LLC (now known as Areva Solar CA I, LLC); the welding contractor on the project, Lindsay Corporation; the construction manager retained by Areva, Lloyd W. Aubry Co. Inc.; and the engineering company retained by Areva, Project Assistance Corp. (successor-in-interest to Material Integrity Solutions Inc.). Mahood alleged the defendants were negligent in the construction of the towers. The defendants subsequently filed cross-complaints against one another and filed a third-party complaint against Mahood’s employer, Special Service Contractors Inc., seeking indemnification. Lloyd W. Aubry Co. Inc. was ultimately dismissed from the case. Mahood claimed Lindsay Corp. was negligent for faulty welding in regards to the initial tower that came down. He also claimed that Areva, as the project’s owner and designer, failed to cable the towers, which resulted in the domino effect. In addition, Mahood claimed that Project Assistance, as the project’s engineer, should have advised Areva that the towers needed to be cabled, which would have prevented the catastrophic accident. Areva argued that Lindsay Corp. was liable for the accident due to the faulty welding of the subject tower. Lindsay Corp. contended that the welding was neither faulty nor a substantial factor in causing the incident. Instead, it contended that the incident was caused by multiple design, engineering, procurement, erection and construction management deficiencies, which it claimed were the sole responsibility of other entities. Lindsay Corp. further contended that had the towers been properly cabled, the accident would not have been catastrophic. Project Assistance claimed that its engineering services were for the completed project and that it had no jurisdiction regarding the construction phase., Mahood’s foreman took him to an urgent care facility, where Mahood was transferred to a hospital. Once at the hospital, Mahood was diagnosed with a complex fracture of his left elbow. He subsequently underwent three surgeries within a year and a half of the accident, consisting of open reduction and internal fixation, as well as a partial replacement and extensive physical therapy. Mahood claimed that despite his extensive surgeries and treatment, he still has little to no use of his left arm. He currently treats with pain management and medication, but claimed he will ultimately require a total left elbow replacement. Mahood received worker’s compensation benefits for roughly three years, and is currently on full disability through social security. He claimed he hopes to return to work in the future, but he can never again work as a pipefitter and he possesses no transferable skills. He also claimed the restricted use of his left arm (Mahood is ambidextrous) has limited his ability to go bowling and fishing, as well as other activities. Thus, Mahood sought recovery of roughly $2 million in total specials for his past and future medical costs and lost earnings. He also sought recovery of damages for his past and future pain and suffering. Since Mahood had received worker’s compensation benefits for roughly three years, the insurance company for Mahood’s employer, National Union Fire Insurance Co. of Pittsburgh, PA, entered the case as a lien claimant. Defense counsel did not dispute the severity of Mahood’s elbow injury.