On Sept. 14, 2011, plaintiff Joseph Fuentes, 29, a welder’s helper employed with Total Western Inc., was operating a carry deck crane at a oil and refining company in Bakersfield. After an automatic gate opened, Fuentes proceeded west through the gate and attempted to cross the railroad tracks when the carry deck crane was struck by a railcar, causing Fuentes to fall and the carry deck crane to topple over onto his feet. Fuentes sued the oil and refining company. Fuentes contended that he assumed it was safe to cross the railroad tracks because the railcars to the north were stationary and there were no cones, flaggers, spotters, signs, crossing arms, or other visual or audible signs to indicate to him that the railcars were going to begin moving. Thus, plaintiff’s counsel contended the company maintained an unsafe facility by failing to provide a spotter, stop sign, or railway guards to prevent vehicles, including the lift Fuentes was driving at the time of the incident, from crossing the oil and refining company’s railway tracks while railcars were being moved. Defense counsel contended that Fuentes had an obligation to be prudent and look out for oncoming railcars. Counsel also contended that Fuentes had an obligation to stop and ensure the tracks were clear before attempting to cross them., Fuentes sustained a degloving injury to the right foot and heel. He also sustained a crushed big toe, which included an avulsion of the large toenail, on the left foot. On Sept. 15, 2011, Fuentes underwent surgery on his right foot, consisting of a debridement of skin, subcutaneous tissue and muscle, as well as an application of a wound VAC and placement of a proximal tibia Steinmann pin. On Sept. 19, 2011, Fuentes underwent a second surgery consisting of free flap rectus taken from his abdomen and applied to his right foot, split-thickness grafting measuring 300 centimeters from the thigh to the right foot, and exploration and microvascular preparation of vessels and debridement of skin, subcutaneous tissue and muscle. Fuentes continues to experience pain and discomfort associated with the foreign body/staples in his right heel, neuritis in his right lateral sural nerve and lateral dorsal cutaneous nerve. He is also developing posterior tibial tendonitis and tarsal tunnel syndrome in his right lower extremity. Fuentes also underwent scar revision surgery to his right and left abdomen. In addition, Fuentes was diagnosed with a depressive disorder, chronic post-traumatic stress disorder, opiate or narcotic dependence, and a significant pain disorder. From a psychiatric perspective, Fuentes’ prognosis is poor and he deserves long-term psychiatric care. Plaintiff’s counsel also contended that, post-incident, Fuentes should avoid people jobs, and that Fuentes will likely remain depressed and have anxiety for a number of years. Plaintiff’s counsel contended that the extent and severity of Fuentes’ disability have imposed permanent alterations to his self-care, vocational, educational, social, home maintenance, leisure and recreational domains. Counsel also contended that Fuentes has ongoing residual problems that require further evaluation and long-term medical management by a sophisticated team of specialists, if his outcome is to be optimized. Counsel further contended that case management services will be needed to monitor Fuentes’ status, to provide recommendations as events and needs occur, and to facilitate identification of, and access to, quality resources and services. In light of those findings, the plaintiff’s expert life care planner estimated the total of medical and psychological costs of care throughout Fuentes’ lifetime at $1,990,650. According to the plaintiff’s vocational rehabilitation expert, had it not been for the industrial accident, Fuentes would have earned $37,694 per year by October 2013, increasing to $44,756 by October 2016, plus a continued full benefit package. The expert testified that Fuentes had a career pattern established as a welder and planned to continue in that category had it not been for the accident. However, the expert opined that following the incident, Fuentes is unemployable with no earning capacity for the next two years, pending the outcome of treatment, which includes psychotherapy and pain management. Assuming Fuentes’ capacity for full-time clerical work thereafter, the vocational rehabilitation expert opined that Fuentes would be involved in six months of academic remediation, 12 months of skill training, and a six month job search. The expert determined that the training cost would be $3,500, followed by entry-level employment at $24,645 per year, increasing after 3 years to $27,964 per year, plus a basic medical plan. Thus, the expert determined that the present value of Fuentes’ future earning capacity is $669,996, if Fuentes is able to return to full-time employment, and is $334,998, if Fuentes is able to return to part-time employment. Thus, Fuentes sought recovery of $262,191.80 in total past medical costs, $84,309 in past loss of earnings, and between $761,633 and $1,553,668 in future loss of earnings, depending on whether or not he is able to return to work.