On June 9, 2009, plaintiff Joshua Donnell, a 2-year-old child, allegedly fell through the railing of a stairway at the Hampton Square Apartments in Stockton, where the child was visiting, and hit his head on a rock 6 or 7 feet below. He allegedly fractured his skull and suffered a brain injury. Joshua’s mother, Marlene Dixon-Donnell, acting as her son’s guardian ad litem, sued the owner of Hampton Square Apartments, Stockton Phoenix Limited. Dixon-Donnell also sued the managers of the apartment complex, Stockton Phoenix, LLC; AHDC, LLC; Lend Lease Apartment Management, LLC; Winncompanies, LLC; Winnresidential California LP; and Llam Realty Management Inc. Dixon-Donnell alleged the defendants failed to properly repair and maintain the stairway, creating a dangerous condition. Winnresidential California and Llam Realty Management were ultimately dismissed from the case. Thus, the matter proceeded to trial against the remaining defendants. Plaintiff’s counsel contended that Stockton Phoenix Limited; Stockton Phoenix, LLC; AHDC, LLC; Lend Lease Apartment Management, LLC; and Winncompanies LLC agreed to rehabilitate Hampton Square Apartments, based on a $9 million Federal grant given to them in 1998. This allegedly meant that the balusters would be brought to the current building code with the width of 4 inches (reduced from the 9-inch width that was required when the building was built in 1967). However, plaintiff’s counsel contended that the stair treads in the subject stairway were loose, causing the toddler to stumble and fall through the balusters that were still 9 inches wide in 2009. Thus, counsel argued that the railings violated various contracts the owners had signed to receive funds to rehabilitate the property, as well as violated the Uniform Building Code. The plaintiff’s safety and building code expert testified that the stairway was unsafe and not in compliance with the defendant’s contractual obligations. However, he testified that the Uniform Building Code did not require the defendants to modify the stairway railing. At trial, plaintiff’s counsel moved to have the court find, as a matter of law, that the baluster should have been set at 4 inches, but the court denied the motion. Defense counsel contended that the plaintiff’s witnesses’ versions of the accident were not credible. Thus, counsel argued that the plaintiff did not meet the burden of establishing that any alleged negligence was a substantial factor in causing the alleged injury. The defense’s biomechanical expert testified that, among other things, Joshua’s alleged injury did not support the claim that Joshua fell 6 to 7 feet and struck his head on a rock. The defense’s safety and building code expert testified that the stairway was in compliance with the Uniform Building Code., The case was bifurcated at the plaintiff’s request, and damages were not before the jury. Dixon-Donnell claimed that her two-old child fell through the railing of a stairway and hit his head on a rock approximately 8 feet below, suffering a traumatic brain injury. Plaintiff’s counsel obtained 20 incident reports from Joshua’s preschool describing Joshua’s behavior following the accident. Counsel contended that the reports showed that Joshua’s injury left him uncontrollable and caused him to act out. Counsel also contended that medication did not help Joshua’s behavior.