On Oct. 27, 2011, at 5 p.m., plaintiff Edmond Feredonzadeh, 49, a day laborer, was allegedly asked to pick avocados for Tina Avakian, his landlord in Glendale. He subsequently went up onto the flat roof of a building to pick avocados from a tree. However, as Feredonzadeh held onto a branch to lean off the roof in an attempt to pick avocados beyond his reach, the limb broke and he fell to the concrete 10 feet below, fracturing his leg, hip and ribs. Feredonzadeh sued Avakian, alleging that he was following Avakian’s direction at the time of the accident. Thus, he claimed that Avakian was liable for his fall. Defense counsel filed a motion in limine to exclude evidence that Feredonzadeh was working for Avakian at the time of the incident, and the motion was granted. Defense counsel argued that Avakian was not negligent nor was she responsible for Feredonzadeh’s decision to pick avocados from the roof. Counsel also attempted to argue that Feredonzadeh assumed the risk of falling when he went up onto the roof to pick avocados and that Feredonzadeh was, therefore, responsible for his accident. However, this assumption-of-risk claim was not contained in the responses filed by Avakian’s original attorney. As a result, defense counsel was not allowed to amend the answer nor inform the jury of this defense., Feredonzadeh sustained fractures of the left femoral neck and two ribs. He was subsequently treated by paramedics at the scene before being taken to a hospital. The paramedic report indicated that Feredonzadeh met the trauma center criteria that he was “obedient and oriented” and that there was “no indication of any intoxication, or alcohol.” The hospital triage and initial assessment report indicated that Feredonzadeh had a major hip injury from falling from an avocado tree when a tree branch broke. As a result, a CT scan of the abdomen/pelvis was taken, and Feredonzadeh was diagnosed with a fracture of the left femoral neck with rotation or angulation through the site of the fracture. A CT scan of the chest was also taken and Feredonzadeh was diagnosed with a mildly displaced fracture of the left 10th rib and a non-displaced fracture of the adjacent left 11th rib. On Oct. 20, 2011, Feredonzadeh was transferred to Memorial Hospital of Gardena for surgery. Ten days later, he underwent surgery to repair the left femoral neck fracture and to have a hip replacement. The plaintiff’s treating orthopedic surgeon opined that the trauma from the fall caused chronic pain to Feredonzadeh’s left hip and fractured ribs and that this pain is ongoing and permanent. He testified that when Feredonzadeh followed up with him on Feb. 1, 2012, he noted that Feredonzadeh experiences ongoing pain at the left hip. The orthopedist also testified that when he examined Feredonzadeh on Aug. 4, 2014, he noted that Feredonzadeh still had left rib cage pain, left hip pain, and lower back pain. The doctor further testified that Feredonzadeh has weakness and loss of balance, worse on the left lower extremity, and that Feredonzadeh’s left hip pain is chronic. Thus, the plaintiff’s treating orthopedic surgeon opined that Feredonzadeh will require a future hip replacement within the next 10 to 20 years. Feredonzadeh claimed he also suffers emotional distress as a result of the accident, causing him to undergo therapy from Dec. 22, 2011, to July 13, 2012. The plaintiff’s treating psychologist testified that Feredonzadeh suffers from severe depression and that Feredonzadeh will continue to need psychotherapy sessions twice a month for the next three years. In addition, Feredonzadeh claimed his condition prevents him from returning to work as a day laborer. The plaintiff’s expert economist testified that as a day laborer, Feredonzadeh’s loss of income will be approximately $24,000 per year. Two of Feredonzadeh’s family members, Tony Feredonzadeh and Zhagelin Shahverdianfard, alleged that they suffered emotional distress as a result of witnessing Edmond Feredonzadeh fall from the roof. Thus, they sought recovery of damages due to Avakian’s negligent infliction of emotional distress.