On Aug. 4, 2016, intervening plaintiff Francisco Gonzalez, 28, a farm labor contractor, was working at a Taylor Farms facility, in Tracy, while in the course and scope of his employment with Abel Mendoza Inc., a farm labor company. As he was using a commercial slicer to process mangos, a bar that held up a blade landed on top of Gonzalez’s right wrist and lacerated his right arm. Gonzalez made a claim for workers’ compensation benefits, and Abel Mendoza’s workers’ compensation insurer, plaintiff Zenith Insurance Co., accepted Gonzalez’s claim. As a result, Zenith paid Gonzalez’s medical costs. It also paid Gonzalez temporary and permanent disability benefits, and workers’ compensation benefits. Gonzalez sued the manufacturer and seller of the commercial slicer, Urschel Laboratories Inc. Gonzalez alleged that Urschel Laboratories defectively designed the commercial slicer and failed to warn about the product’s dangers. Gonzalez ultimately settled with the Urschel Laboratories. After the settlement, Zenith Insurance brought a subrogation claim against Urschel Laboratories, seeking recovery of the amounts it paid Gonzalez concerning his workers’ compensation claim. When the claim was denied, Zenith Insurance sued Urschel Laboratories. As part of the subrogation lawsuit, Zenith was required to prove negligence, causation and reasonable damages incurred in regard to Gonzalez’s alleged accident. Zenith Insurance’s counsel contended that the commercial slicer had a design defect, in that the bar that held up a blade allegedly slipped, and that Urschel Laboratories failed to warn of the slicer’s dangerous condition to its users, such as Gonzalez. Urschel Laboratories’ counsel contended that Gonzalez was negligent in his use of the machine and that Gonzalez’s negligence was the sole cause of his on-the-job injury., Gonzalez was taken by ambulance to a hospital, where he was diagnosed with a laceration of the extensor tendon in his right forearm. He immediately underwent repair surgery on the extensor tendon. After he was discharged, Gonzalez underwent physical therapy. Gonzalez claimed that he did not find the physical therapy to be helping, and complained of stiffness and trouble with the range of motion of his right wrist and fingers. At that time, he had full digital extension and flexion to the distal palmar crease, but he had extrinsic extensor tightness with decreased finger flexion with wrist flexion, compared to when the wrist was in extension. As a result, Gonzalez underwent a right wrist extensor tenolysis, a surgical procedure to release the tendon from adhesions. After the procedure, it was recommended that he undergo physical therapy three times a week for six weeks. Gonzalez was ultimately able to return to work and use his right hand/wrist. However, he claimed that he is left with restricted range of motion and some ongoing pain. Zenith Insurance sought recovery of the lien on the workers’ compensation benefits it paid for Gonzalez.