Plaintiff, a 42 year old male had been working for two weeks for a temporary agency who dispatched him to a newly opened, state of the art, waste recovery and transfer station. Plaintiff was injured when he was in a truck transfer tunnel and trash from above fell and struck him on the head. Plaintiff suffered a fractured skull and head injury, resulting in loss of sight in one eye and some cognitive problems. Plaintiff argued that the waste management facility did not properly operate the facility given the design, and also argued professional negligence on the design of the facility. Defendants argued that plaintiff was in the process of stealing a television from the facility and that he was injured when his co-conspirator dropped the TV. Defendants also argued that plaintiff was a special employee of the transfer station.