On the afternoon of Friday, March 18, 2011, claimant Patrick Rash, 25, a project manager, was walking with friends, south on Figueroa Street towards LA Live in downtown Los Angeles. At around 1:30 p.m., the group stopped on the sidewalk at the northwest corner of Figueroa Street and Olympic Boulevard and waited for the pedestrian traffic signal to change in order to cross the street. Suddenly, and without warning, Rash was struck by a falling 250 lb. heavy duty 40 foot construction ladder, manufactured by Werner. The ladder essentially scalped Rash. Rash stumbled and fell to the ground bleeding profusely from the traumatic head wound. Prior to falling, the ladder had rested against a vertical blue car wash sign on the northwest corner of the intersection. The ladder was being used to access and work on a cellular telephone site by WM Wireless, as the site was located in the car wash sign. Rash brought a claim against WM Wireless for premises liability. Rash contended the workers failed to properly secure, monitor, and safeguard the subject ladder which was being used to work on a cell site for Verizon Communications that was located inside or on top of the car wash sign. WM Wireless contended that the ladder fell as a result of excessive wind., Rash sustained a complicated scalp laceration, causing him to bleed profusely, stumble and fall to the ground. He was subsequently taken by ambulance to a hospital, where he received 24 staples and five sutures to close the traumatic head wound. It was also determined that Rash had sustained a closed head injury and a neck strain, resulting in head/neck pain and headaches. Thus, Rash claimed approximately $9,353 in medical costs. Rash claimed he continued to suffer headaches and neck pain for a few months. However, he alleged he only had limited time off from work, as he could work from home and had flexible hours.