On Dec. 6, 2014, plaintiff Tommy Muttaraid, 36, a civil engineer and an owner of a massage business, asked an employee from Parkside Roofing to fix a leaky roof above the massage business. Parkside had previously fixed the roof, but it was asked to return because the initial repair was inadequate. As a result, a Parkside employee arrived at the business and set up a ladder. Muttaraid then began climbing the ladder to take a look at the leak, but the ladder fell about 12 feet to the ground. Muttaraid subsequently claimed to his back and ankles. Muttaraid sued the operator of Parkside Roofing, Parkside Enterprises Inc., and the business’ owner, David Park. Muttaraid alleged that the Parkside employee created a dangerous condition that led to his fall from a height. Plaintiff’s counsel contended that security video showed that the ladder was set up at a 58-degree angle, but that Occupational Safety and Health Administration regulations require ladders to be at a 75-degree angle. Counsel also contended that the ladder was not steady because it wasn’t tied off at the top and that there was nothing holding it down at the bottom. Muttaraid claimed that the Parkside employee had told him to climb the ladder to look at the roof leak and that because he is not an outdoorsy type of person, he would not have gone on the ladder unless he was asked to climb it. He also claimed that he was wearing flip-flops on the date of the accident and that if he had planned to climb the ladder that day, he would have worn more secure shoes. Plaintiff’s counsel argued that Parkside was an alter ego of David Park and, thus, both should be held jointly liable for the accident. As evidence, the attorneys argued that Park admitted that he never purchased stock in the company nor held a shareholders’ meeting. They also noted that the main headquarters was located in Park’s house. Attorney Ronald Ho, of the Law Office of Ronald Ho, initially contended that Muttaraid was not told to the climb the ladder and that it was Muttaraid’s own decision to do so. Thus, he asserted that Muttaraid assumed the risk of getting on the ladder. He also asserted that Park was a separate entity from Parkside and, thus, Park was not liable for the company’s actions. Ho further asserted that OSHA regulations did not apply in the subject case because the rules were designed specifically to protect employees, and Muttaraid was not an employee of Parkside. He also pointed out that the Parkside employee was able to climb the ladder without any issue, so Ho asserted that any alleged violations involving the setup of the ladder did not cause Muttaraid’s fall. The matter proceeded to a bench trial. However, prior to trial, Ho withdrew as the counsel of record, with the consent of the defendants, and Parkside and Park decided to not appear at trial to contest the lawsuit because they were in contemplation of filing for bankruptcy protection. In addition, while the defendants had insurance, their policy did not cover falls from a ladder. As a result, the defendants’ insurance company denied the submitted claim and did not provide a defense at trial., Muttaraid sustained sprains to both ankles and a lumbar fracture of his L1 vertebra. He was subsequently taken by ambulance to Tri-City Regional Medical Center, in Hawaiian Gardens. A few hours later, he was transferred to Hoag Hospital, in Newport Beach, where he remained for 13 days. On Dec. 10, 2014, Muttaraid underwent fusion surgery of his T12-L1 and L1-2 vertebrae. After being released from the hospital, he was told to mostly stay off of his feet, but he did have some physical therapy. Muttaraid missed 84 days of work from his civil engineering job as a result of his . He also claimed that he lost some range of motion and could not lift up his young son because of the continued pain in his back. Thus, Muttaraid sought recovery of past medical expenses, past lost earnings, and damages for his past and future pain and suffering. His wife, Pattra Muttaraid, presented a derivative claim, seeking recovery for her loss of consortium.