On April 1, 2011, plaintiff Kelly Ann Fitzpatrick, an unemployed woman in her 40s, was descending a set of exterior stairs from her apartment to the recycling bins located in the back area of the apartment building, which is located at 776-41 Avenue, in San Francisco. She held a bag with 10 to 15 juice-sized glass bottles in her right hand and the wooden railing with her left hand. As Fitzpatrick was two to three steps from the landing adjacent to Apartment number 4, she attempted to avoid a dune buggy toy. However, as she moved her right foot to the left, her body twisted and she lost her balance, causing her to fall down the last two or three stairs and landed in a seated position on the landing outside Apartment number 4. She also ended up sitting on the bag of bottles. There were no witnesses to the incident. Fitzpatrick sued the owners of the building, Beverly Lund and Icek Jurkiewicz (individually and as trustees of the Jurkiewicz 1991 Revocable Trust and the Jurkiewicz Family Trust. Fitzpatrick alleged that Lund and Jurkiewicz failed to properly maintain the stairs, creating a dangerous condition. Fitzpatrick claimed that she made numerous complaints to the property owners about the cluttering of the back stairs and/or other common areas. She also claimed there was no graspable handrail. Defense counsel noted that at her deposition, Fitzpatrick admitted that any clutter on the back stairs had been removed for at least one month prior to the accident. Thus, counsel argued that there was no dangerous condition on the back stairs and that Lund and Jurkiewicz had no notice or knowledge of any such condition. Defense counsel also asserted that there were no prior problems with the subject stairs, despite the building being built in 1902, and that no one, except Fitzpatrick, complained about cluttering on the back stairs. Counsel further asserted that Lund and Jurkiewicz had hired a professional building management company and that Fitzpatrick had admitted that her complaints of cluttering on the back stairs had been cleared up by the time of her fall., Fitzpatrick claimed she sustained a non-specific injury to her left ankle. She also claimed she suffered left knee pain, bad spasms in the right hip, and severe pain in the upper, middle back. However, she did not seek medical attention until April 4, 2011, when she presented to the emergency room at UCSF Medical Center, in San Francisco. At the E.R., Fitzpatrick was told she had no broken bones, but was referred for an MRI of her knees. She was also told to take Valium for her muscle spasms. After the hospital visit, Fitzpatrick followed up with her treating neurologist, whom she had been seeing for 12 years before the accident to treat her pituitary disorder, chronic migraine and fibromyalgia, which were diagnosed in 2006. Fitzpatrick also sought treatment with a psychiatrist after she allegedly began to have problems sleeping. In August 2011, she underwent an arthroscopic exploration of the left knee. Prior to her surgery, Fitzpatrick was diagnosed with an anterior cruciate ligament tear and a chondral defect. However, during the surgery, only a repair of the chondral defect was performed, as the ACL was noted to be lax and not torn. Due to insurance issues, Fitzpatrick did not undergo any physical therapy until December 2012. She then had six sessions for her left knee and hip. She was then recommended for cortisone shots in the knee, but did not receive them because she is allergic to steroids. In addition, Fitzpatrick claimed that due to the subject fall, her migraines increased, causing her to take increased amounts of migraine medication. Defense counsel argued that Fitzpatrick told her doctors different versions of the alleged incident and that Fitzpatrick had prior similar problems before the alleged April 2011 fall. Counsel noted that following a 2006 motor vehicle accident, Fitzpatrick claimed she had significantly injured her right leg and she subsequently was involved in litigation. Counsel contended that following the 2006 accident, Fitzpatrick complained that the Soaz muscle in her right hip was always sore and that she had 15 migraines a month. Defense counsel also noted that Fitzpatrick reluctantly admitted that she had been involved in another automobile accident in March or April 2010, during which the vehicle she was in was rear-ended. However, Fitzpatrick claimed that it was a “mild accident” and that she did not require any medical treatment. In addition, defense counsel noted that in March 2010, Fitzpatrick was “attacked” on Fisherman’s Wharf, during which a street person hit her on the head with a tree branch and pushed her off the sidewalk. Defense counsel contended that Fitzpatrick had also claimed that she had injured her hip and had increased migraines after that incident, and that Fitzpatrick started treatment for her condition at that time. Thus, counsel argued that Fitzpatrick’s left knee was injured, but that her migraines were pre-existing and only occurred two to three times per week, even before the subject fall.