On May 31, 2011, at approximately 11:30 a.m., plaintiff Eli-Ane Phillips-Minks, 58, a medical biller, was crossing Calle Laureles, near the intersection with State Street in Santa Barbara, when she tripped and fell on a sidewalk driveway apron, near a rolled curb. Phillips-Minks claimed a fracture to her left elbow. Phillips-Minks sued the owner of the subject sidewalk, the city of Santa Barbara. She alleged the defendant failed to maintain and repair the sidewalk driveway apron, creating a dangerous condition of public property. Phillips-Minks claimed that she tripped in hole in the driveway apron, located where the sloped curb met the apron of the driveway. She also claimed the defect was measured by the city to be 13 inches long and as much as 3 inches deep. The plaintiff’s building code expert testified that since the defect was more than a half an inch in depth, the city was in violation of the Americans with Disabilities Act and the California Building Code. Thus, plaintiff’s counsel argued that the city, by its lack of an official written sidewalk inspection program, was negligent and, therefore, responsible for Phillips-Minks’ and damages. The city claimed that it had no record of any prior accidents in the area of Phillips-Minks’ trip and fall, and no record of any complaints about the alleged defect. Thus, defense counsel argued that the ADA and Building Code standards only apply to newly constructed sidewalks, and did not apply, whatsoever, to sidewalk defects that may arise over time, and those of which the city is unaware., Phillips-Minks sustained a fracture to her left, non-dominant elbow. As a result, she went to an urgent care facility and sought medical treatment on the date of the accident. She ultimately underwent open reduction and internal fixation surgery on her elbow and followed up with a few months of physical therapy. Phillips-Minks claimed that she made a good recovery from the surgery, with no major residual symptoms. Thus, she claimed roughly $30,000 in past medical costs and sought an unspecified amount of damages for her pain and suffering. Defense counsel did not dispute the severity of Phillips-Minks’ fracture.