The plaintiff was an employee in the course and scope of his employment as a roofer with Garcia Roofing, Inc., a company which was hired to roof the relevant portion of a new Kern High School District construction project.

In the course of his work, the plaintiff fell through an improperly covered opening in the roof, falling approximately 31 feet onto a concrete slab. He suffered serious personal injuries including, but not limited to, traumatic brain injury.