On Aug. 22, 2008, plaintiff Jerry Kielty, 50, a shot concrete pump operator, fell into an empty stairwell at a multi-building construction site, where condominiums were being built in San Jose. There was originally plywood paced at the top of the stairway to act as a barricade. However, it was unclear whether the barricade that was in place earlier that day had been removed, temporarily moved, or in place when Kielty entered the building looking for plywood. Kielty sued the general contractor, Advent Inc.; two of its related companies, Advent Companies Inc. and Advent Construction Management; and the framing contractor that was responsible for putting up the barricade, D.F. Rios Construction Inc. He also sued the companies that were allegedly working in or near the area of the accident, including the fire sprinkler company, Foothill Fire Protection Inc.; the concrete subcontractor, Pacific Structures Inc. and P Structures Inc.; a concrete cutting company, Vickers Concrete Sawing Inc.; an inspection company, Testing Engineers Inc.; and the property owners, Global Premier Development Inc. and MIL Aspen Associates, LP. He alleged the defendants failed to have properly maintain the area and have proper warnings or barricades in place, creating a dangerous condition. He also claimed the defendants were negligent by failing to provide a safe work environment. The defendants subsequently cross-complained against each other, and Advent, Global Premier, MIL Aspen Associates and Pacific Structures brought third-party actions against Kielty’s employer, Johnson Western Gunite Co., which was the shot concrete contractor. However, Vickers Concrete was ultimately let out of the case. Kielty claimed that he had no recollection of how he fell. However, he claimed that if a barricade had been in place, it would have prevented his fall. There was contradicting testimony regarding whether the barricade at the top of the stairway that D.F. Rios put in place was actually present at the time of Kielty’s fall. It was noted that the barricade was made of plywood, and Kielty’s co-workers testified that Kielty had walked away from his station to search for plywood. Advent contended that it took all reasonable steps to maintain workplace safety and that D.F. Rios Construction was responsible for maintaining the barricade. Global Premier Development and MIL Aspen Associates contended that the safety responsibilities were delegated to Advent. All defendants contended that Johnson Western was negligent in its supervision of Kielty, and that Kielty was at least partially at fault in the accident., Kielty sustained a right occipital scalp laceration, bilateral subarachnoid hemorrhage, a sub-frontal contusion, an intraventricular hemorrhage and a cerebral edema. He was ultimately diagnosed with a traumatic brain injury, including traumatic hydrocephalus, which is a buildup of fluid inside the skull that leads to brain swelling, and hyponatremia, which is a metabolic condition in which there was not enough sodium in the body fluids outside the cells. Kielty also suffered a fracture of the T1 lateral mass extending into the transverse process and a complete thoracic spinal cord injury at the T10-11 level, resulting in spinal shock, or the temporary loss of all neurological activity below the injured thoracic levels. In addition, Kielty suffered fractures of the right second and third metacarpals, and fractures to ribs 6 through 9 on the left side, and ribs 1 and 9 through 10 on the right side, as well as a right, upper lobe pulmonary contusion and a right hemothorax. Kielty was immediately taken to a hospital after his fall and treated for his . Despite treatment, he suffers from brain damage, deep vein thrombosis and is paralyzed from the waist down. As a result, he requires a guardian. Kielty has subsequently incurred in excess of $2.8 million in medical expenses and incurred $100,000 in lost wages.