On Oct. 8, 2013, plaintiff Michael McMiller, 53, a sound technician, was installing wiring for a fire alarm system in the Great Western Forum, an indoor arena in Inglewood. In order to access the ceiling ducts to work on low voltage wiring, McMiller set up an 8 foot A-frame ladder and was working in same spot for hours. He left the room to have repeated, short interactions with a co-worker down the hall to ask him to pull slack at that location. When McMiller last returned and ascended the ladder, the leg of the ladder ruptured through red duct tape that was used to cover an opening in a floor sink cover/grate. The ladder tipped over, and McMiller sustained an injury of a wrist. McMiller sued the general contractor working on the site, Clark Construction Group LLC, and the plumbing contractor, Pan-Pacific Mechanical, LLC. McMiller alleged that, between his uses, someone moved the ladder on top of an improperly covered, 12-inch deep floor sink, causing the ladder to tip over, and that Clark Construction was liable under premises liability and general negligence. He also alleged that Pan-Pacific was negligent in the installation of the floor grate, creating a dangerous condition. Clark Construction’s counsel moved for summary judgment alleging that Clark Construction owed no duty to McMiller and that it did not cause or contribute to McMiller’s injury. The motion was granted, and Clark Construction was let out of the case. Plaintiff’s counsel contended that Pan-Pacific Mechanical’s workers were negligently installed the floor grate with the tape on top and that the use of tape to cover the hole was below the standard of care. Counsel also contended that Pan-Pacific’s conduct violated the California Occupational Safety and Health Administration’s regulations regarding the mandatory strength of covers for floor openings, in that they should be “sufficient to hold twice the weight of workers and material in the area.” McMiller’s construction safety expert testified that on the 100 projects he has overseen where there were floor drains present, plywood was always used to cover the drain and that this was the industry standard. This expert also opined that Cal/OSHA’s standard applied to the subject project. Pan-Pacific’s counsel contended that covering a 3-inch opening with red duct tape was not a violation of the applicable Cal/OSHA regulations and did not fall below industry standards., McMiller sustained a fracture of the distal radius at the wrist of his dominant arm. He was taken to an urgent care facility, but his blood pressure spiked dangerously and he was transferred to Long Beach Memorial Medical Center. During his hospitalization from Oct. 15, 2013 until Oct. 20, 2013, McMiller underwent an open reduction and internal fixation surgery. He then participated in physical therapy from Dec. 2, 2013 until March 5, 2014. However, McMiller had a non-union and ultimately required a full wrist fusion on Nov. 6, 2017. McMiller’s job involved him pulling electrical wires for fire alarm installation. However, plaintiff’s counsel contended that due to his injury, McMiller would not be able to return to his former position. McMiller’s treating orthopedic surgery expert, who performed the fusion surgery, opined that McMiller’s injury was from the subject accident and that McMiller had reasonable and appropriate care. The expert also opined that McMiller should not return to work pulling wires. McMiller’s vocational rehabilitation expert also opined that McMiller should not return to his former employment, but opined that McMiller could be re-schooled to re-enter the workforce. Plaintiff’s counsel asked the jury to award McMiller $3.98 million in total damages, including $780,000 in economic damages and $3.2 million in general damages. Defense counsel contended that McMiller could return to his former occupation. The defense’s expert orthopedic surgeon agreed with McMiller’s treating hand surgery expert in regard to the cause of the injury and McMiller’s treatment. The defense’s life care planning expert opined that McMiller could return to his former employment. Defense counsel asked the jury to award no more than $599,287, if anything, including $449,287 in economic damages and $150,000 for past and future general damages. During jury deliberation, the parties established a $2 million/$500,000 high/low agreement, with the amount to be adjusted based on the finding of liability. As part of the agreement, the parties agreed to waive post-trial actions and appeals.