On Sep. 21, 2016, plaintiff Allan Pronovost, 65, an entrepreneur, was waiting to accept delivery of a large custom smoker/barbecue at his home in San Diego. While it was being delivered, the smoker/barbecue dropped off the tailgate of the delivery truck and landed on Pronovost, who sustained to his chest, back, left shoulder and right leg. Pronovost sued the company that delivered the smoker, Corovan Corp.; the manufacturer of the smoker, Klose Construction & Fabrication Inc. (which was doing business as BBQ Pits by Klose); an intermediary delivery company took the smoker from Klose to Corovan for delivery, CRST Specialized Transpiration Inc.; and the supervisor of Corovan’s delivery personnel, Mike Muttoni. Pronovost brought claims of general negligence. Pronovost claimed that Muttoni and Corovan failed to properly train and supervise the delivery personnel and that Corovan negligently failed to follow safety protocol for the delivery of large items. Corovan’s counsel contended that Corovan and Muttoni were not negligent and that Pronovost was negligent for being near the smoker/barbecue when it was being delivered. Counsel also asserted that Klose was liable for manufacturing a top-heavy smoker/barbecue., Pronovost sustained fractures of the left scapula, left collarbone and right fibula. He also sustained lumbar spine fractures at L2 and L3, and multiple rib fractures. Pronovost was immediately taken to a hospital, and he ultimately underwent a multi-level lumbar fusion. Pronovost claimed he suffers from chronic pain and limited mobility due to his spinal fusion. He claimed that as a result, he will need future care, including pain management and physical therapy. However, he admitted that he can still work and perform the hobbies that he enjoys. Pronovost’s wife, Mary Pronovost, was present at the time of the incident and asserted claims of negligent infliction of emotional distress and loss of consortium.