The plaintiff worked for a tree cutting company as a tree climber. As he was cutting a tree 35-40 feet above ground, he used a harness but felt unsafe coming back down and asked coworkers to give him his lifeline. As he pulled on the hydraulic line, a knot became undone and he fell, landing back first on a rock, and split his spinal cord. The plaintiff was told by medical professionals he would never walk again.

After an investigation, California Division of Occupational Safety and Health (Cal/OSHA) issued four citation and fines.