On March 30, 2015, plaintiff Joseph Chaidez, 35, a construction worker, was working on a project for the city of Bakersfield to extend an underground sewer line at an outdoor sports complex, in Bakersfield. The city retained Gilliam and Sons Inc. as the general contractor to excavate and dig a trench so that Chaidez and other city workers could install the sewer line. As part of his job, an employee of Gilliam and Sons, Jeff Johnson, dug a portion of the trench with an excavator and then drove the excavator over to a trench shield so that he could connect it to the excavator and bring it back to the trench to install it. Before Johnson had the opportunity to install the trench shield, Chaidez and another city worker went inside the trench. While they were working, the trench caved in on top of Chaidez, burying him. Chaidez was extracted in time to save his life, but he claimed that he had sustained to his pelvis, a shoulder, an ankle and a knee. Chaidez sued Johnson and Johnson’s employer, Gilliam and Sons. Chaidez alleged that Johnson was negligent for failing to install the trench shield and warn of the trench’s dangerous condition. He also alleged that Gilliam and Sons was negligent for failing to properly train Johnson, making it liable for Johnson’s actions. Plaintiff’s counsel contended that Gilliam and Sons misled the city in regard to its experience with trench shields and that its lack of experience caused it to improperly train Johnson. Counsel argued that Johnson violated U.S. Occupational Safety and Health Administration standards in how he dug the trench and that Johnson saw Chaidez in the trench before the accident. Counsel also argued that Johnson negligently parked the excavator too close to the trench and that as a result, the weight and vibrations from the excavator caused the trench to cave in on Chaidez. Defense counsel contended that Chaidez and the other city worker went into the trench without authorization and that Johnson did not know Chaidez was going into the trench prior to the placement of the trench shield. Counsel also contended that there was no evidence that the weight of the excavator or any vibrations caused the cave in. Instead, defense counsel argued that the accident was solely caused by Chaidez going into the trench before the trench shield was in place. Defense counsel argued that the city was at fault for failing to properly train and supervise Chaidez and/or that Chaidez was at fault for failing to follow his safety training. According to defense counsel, Chaidez’s safety expert conceded on cross-examination that neither Gilliam and Sons nor Johnson had any duty to train or supervise Chaidez. Further, defense counsel noted that the city’s supervisor admitted on cross-examination that the city ran the project and that no city employee should have been in the trench prior to the placement of the trench shield., The trial was bifurcated. Damages were not before the court. Chaidez sustained a shattered pelvis, a severed urethra, and soft tissue to his left shoulder and an ankle. He also claimed that he sustained a torn meniscus in his left knee. Chaidez was taken to a hospital, where he was hospitalized for several weeks. He then underwent several months of at-home convalescence and physical therapy. Chaidez also treated his fractured pelvis with internal fixation surgery, during which metal hardware was permanently installed, and, due to the severed urethra, he required catheterization for several months. Ultimately, the urethra had to be reconstructed. In addition, Chaidez underwent the surgical implantation of a penile prosthesis and, in June 2019, he underwent arthroscopic surgery to repair the torn meniscus. Chaidez claimed that his pelvis took several months to heal, but he still suffers pain and limited range of motion due to the pelvic injury, and that he continues to suffer from ongoing residual issues due to his knee condition. He also claimed that although the reconstructed urethra allows for normal urination, he still suffers permanent incontinence, which requires him to wear adult diapers. He further claimed that despite the penile prosthesis, he suffers permanent erectile and other sexual dysfunction. In addition to his physical , Chaidez claimed that he suffers debilitating post-traumatic stress disorder, causing a host of psychological and emotional problems. He claimed that his post-traumatic stress disorder precluded him from attending the trial, other than when he testified, and prevented him from holding employment. As a result of his condition, Chaidez claimed he will require further treatment, including ongoing psychiatric, urological and orthopedic treatment. He also claimed he will require additional counseling for his post-traumatic stress disorder. In addition, he claimed he will eventually need a permanent personal assistant and housekeeper. Chaidez claimed that his life care plan was in excess of $2 million. Chaidez sought recovery of past and future medical costs, and damages for his past and future pain and suffering. He also sought recovery of past lost earnings in excess of $350,000, and future medical-related expenses, such as the cost of an eventual full-time personal assistant and housekeeper, in the amount of $2,041,459. Defense counsel noted that Chaidez waived his future-lost-earnings claim after being presented with a sub rosa surveillance video of him.