On Jan. 13, 2012, plaintiff Jaime Rivera, 52, was working for Evans Brothers Cabinets at the construction site of the new Gilroy Public Library. Devcon Construction Inc., the general contractor, had subcontracted Evans Brothers. On that day, Rivera was told that he should not to use the stairs to move equipment and that a forklift operator working for Devcon Construction would move anything necessary down from the upper floor, where Rivera was working. At the end of the day, Rivera asked the forklift operator to assist him in moving his tool cart down from the second floor. The forklift operator brought over a forklift with a debris box, which had not been emptied and was not properly secured to the forklift. When Rivera stepped onto the debris box to remove the debris and load his cart, the box flipped off the forklift. As a result, Rivera was thrown 20 feet to the ground, his back, chest and right shin. Rivera sued Devcon Construction Inc. Rivera claimed that the forklift tines were invisible to him and were not correctly positioned. Thus, he brought a claim against Devcon Construction based on a respondeat superior theory connected to the negligence of the forklift driver for failing to secure the bin and properly position the tines. Devcon Construction brought a third-party claim Evans Brothers, alleging contractual indemnity. Devcon Construction contended that it instructed Evans Brothers to use the forklift to carry debris and that Evans Brothers’ foreman instructed Rivera in kind. It also contended that Rivera bore significant comparative fault for entering the bin when it was at a height of 10 to 20 feet and for failing to tie himself off prior to doing so., Rivera suffered fractures of his right vertebral transverse processes at L1, L2, L3 and L4, a fracture of his right tibia with wound complications, and fractures of his third through ninth right anterior ribs and eighth through 12th right posterior ribs. He was subsequently taken to a hospital for treatment after the accident. Rivera claimed that he was informed that he might expect chronic pain in his lower back and right leg, for which he will need pain management. He also claimed that he suffers post-traumatic stress disorder as a result of the incident. Rivera further claimed he will only be able to return to work in a sedentary-type job. Thus, Rivera claimed that his past medical costs totaled $116,902.36. He also sought recovery of damages for his past and future lost earnings, and past and future pain and suffering. It was agreed that Rivera would be able to retrain a sedentary job. However, counsel for Devcon Construction disputed the permanency of Rivera’s and the amount of mitigation of Rivera’s future lost earnings.