On April 27, 2009, plaintiff Zale Harris, an electrical engineer/inspector for Caltrans who was in his 50s, went to a work site in San Bernardino to determine whether High-Light Electric Inc., the project’s street light subcontractor, had properly programmed a visible head on the mast mount of a traffic signal (mast mount PV head) approximately 20 feet above the ground. Harris had worked with High-Light on other projects and had previously visited that specific job site numerous times. So, when she arrived at the site, she took it upon herself to climb High-Light’s ladder in order to inspect the side mount PV head. Johnny Liendo, an employee of High-Light, claimed he noticed that Harris was not wearing a harness or any protective gear while she was on the ladder, and that she was twisting her body over the top of the ladder. Liendo, who claimed he was worried a Caltrans inspector was using a High-Light ladder, hurried over to the base of the ladder in an attempt to stabilize it with his hands. He claimed that as he did so, and while Harris was overextending her body from the second highest rung, the ladder began to shake and “walk.” Harris claimed that after Liendo ran over to the ladder, he attempted to climb up the backside of it. Within seconds, the ladder fell, bringing Harris to the ground and allegedly causing to her lower back. Harris sued High-Light and Liendo, alleging that the defendants were generally negligent. The State Compensation Insurance Fund subsequently intervened in an attempt to recoup Harris’ worker’s compensation claim. Harris contended that the ladder, owned by High-Light, was shoddy, missing a rubber foot and set up improperly, and that she should have been advised by Liendo not to climb up it. Her counsel contended that when Liendo ran up and attempted to stabilize the ladder by climbing up the backside, he caused the ladder to destabilize, which caused Harris to fall off and land on her back. Defense counsel argued that Harris fell because she disregarded Caltrans’ safety protocol and ignored the unbearable dizziness she had been suffering in the days leading up to her fall, for which she had seen a doctor the very morning of the incident. Counsel contended that instead of taking responsibility for her decision, Harris claimed Liendo caused the ladder to crumble beneath her by climbing up the backside. Liendo alleged that at no point did Harris tell him she was going to climb the ladder and that, contrary to policies, she did not receive authorization prior to using High-Light’s equipment. He claimed that, for those reasons, he was surprised to see Harris climb the ladder when he turned from his bucket truck, which was parked 10 feet away. Liendo further alleged that he rushed over to stabilize the ladder when he realized Harris was contorting her body in an unsafe manner, but that he could not prevent the ladder from toppling to the ground., Harris was taken from the scene of the accident by ambulance and brought to an emergency room. She sustained a lumbar compression fracture of the L2 vertebra and lumbar stenosis at the L4-5 level. Harris remained hospitalized and later underwent stenosis surgery at L4-5 on and lumbar fusion at L2-3 and L3-4. She then followed up with roughly two years of physical therapy. Harris claimed that after being off of work for two years, she returned to modified duty. However, she alleged that she is now very limited at work due to residual pain and discomfort, and can no longer ride horses and perform in rodeos, which used to be her favorite hobby. Harris further alleged that she may possibly require cervical surgery in relation to her . Thus, Harris claimed approximately $400,000 in damages for her past medical costs. She also sought recovery of damages for her future medical costs, past and future loss of earnings, and past and future pain and suffering. The State Compensation Insurance Fund sought recovery of $176,000 in order to cover Harris’ worker’s compensation claim. Defense counsel did not dispute Harris’ fracture, but argued that her stenosis was not caused by the accident. Counsel also argued that Harris’ fusion surgery was unnecessary, since her surgeon did not find the plaintiff’s pain generator and because it did not alleviate Harris’ pain.