On June 2, 2008, plaintiff Mathew Colfer, 46, a journeyman plasterer, was working on the second floor of a multi-unit condominium construction project in Millbrae when he stepped backward to make room for a co-employee. Colfer consequently went through plastic sheeting that was obscured by plaster over-spray and that his fellow plasterers had used cover a wall opening to an unguarded trash chute shaft. As a result, Colfer fell two stories down the unguarded trash chute. Colfer sued the general contractor, Segue Construction Inc.; and the seven subcontractors that had worked in the vicinity of the shaft opening, Custom Drywall, S&S Drywall, Specialties Etc. Inc., W. L Hickey Sons Inc., Dawson Electric, Coy Sanders Construction Inc., and Seize Fire Inc. Colfer alleged that Segue Construction violated Occupational Safety and Health Administration regulations due to the absence of guardrails at the opening of the trash chute shaft, making the general contractor liable for the accident. He also alleged that one of the seven subcontractors must have removed the safety rails, which subsequently caused his fall. Segue Construction was let out on a motion for summary judgment based on Seabright v. U.S. Airways. Six of the subcontractors were also granted summary judgment and let out of the case. Thus, the matter proceeded against S&S Drywall, as the sole remaining defendant, since the subcontractor had installed the drywall in the shaft before the accident. Colfer has no memory of the accident. However, Colfer’s co-employees testified that their work did not require them to remove the safety rails. Plaintiff’s counsel contended that the drywall work in the shaft was not complete, suggesting that S&S Drywall was still working in the area at the time of the accident. Thus, counsel argued that the safety rails were left down with the intention of allowing S&S Drywall to return to complete the work. S&S Drywall’s superintendent testified that the company’s customary practice was to reinstall the safety rails as the drywall on each floor of the shaft was completed. He further testified that construction job site documents showed that the drywall work in the shaft was inspected and approved before the accident. Thus, counsel for S&S Drywall contended that since the drywall work was finished in the area in question, the safety rails would have been replaced. The defense’s liability experts pointed to photographic evidence suggesting that Colfer’s co-employees removed the guardrails after S&S Drywall workers left the area in order to install the plastic sheeting., Colfer received a blow to the head during the fall and suffered a brief loss of consciousness. He also sustained fractures of three thoracic vertebrae, including a T12 burst fracture, and T10 and T11 fractures with ligamentous . As a result, Colfer was taken by ambulance to San Francisco General Hospital and discharged to Santa Clara Valley Medical Center. The week following the accident, Colfer underwent a fusion from T10 through L2, with a T11-12 laminectomy. He later received narcotics for pain management and chiropractic treatment for his neck, arm and right shoulder complaints. Colfer claimed that his head injury resulted in permanent cognitive and emotional deficits. However, he acknowledged that he had a previous history of alcohol and drug abuse, and had a prior brain injury in his youth. He also claimed intense pain, physical weakness and limited range of motion in his back and left shoulder following the trash chute accident. In addition, Colfer claimed that he was out of work for over four years and ultimately returned to work as a part-time limousine driver in January 2012. Thus, Colfer claimed past medical expenses of $144,593.33, past lost wages of $426,000 and future lost wages of $1,834.560. He further claimed there was a worker’s compensation lien in the amount of $260,739.33. In addition, Colfer sought recover of damages for his past and future pain and suffering.