On Sept. 12, 2010, at approximately 12:30 a.m., plaintiff Cynthia Pepper, 49, a dance teacher, was exiting the home of John Collins, in San Rafael, after picking up her daughter from a birthday party when Pepper tripped on the property’s exterior walkway leading to the public sidewalk. Pepper claimed she then stumbled forward until she struck her head on a parked car owned by Collins and injured her cervical spine. Pepper sued Collins and the owner of the property that was leased by Collins since 1994, John Eden. Pepper alleged that the subject walkway was defectively designed and negligently maintained by the defendants. Pepper contended that she caught her foot on a step of the subject walkway, which caused her to stumble forward and hit her head on the car. She claimed that the step was defectively designed and negligently maintained. She also claimed that the area was poorly lit, in that the lights that were installed along the walkway to illuminate uneven risers were not functioning at the time of the incident. Pepper’s counsel argued that Eden, as a retired architect, had a higher duty to recognize and correct the dangerous conditions that existed on his property. Eden and Collins both claimed that the subject stairway was properly designed at the time it was built and that the area was adequately lit. Thus, defense counsel argued that Pepper’s own negligence caused and/or contributed to the trip-and-fall incident., Pepper went home following the accident. However, the following day, she presented to her primary care physician with complaints of pain to her neck and head. Pepper claimed the impact of her head against Collins’ car caused an aggravation of pre-existing, degenerative changes to her cervical spine, including spondylolisthesis and facet joint pain. On Sept. 29, 2010, Pepper underwent a cervical MRI that revealed degenerative changes at several levels of her spine. It also revealed a left lateral disc herniation at C6-7, causing moderately severe stenosis and a possible compression of the left C8 nerve root. Pepper subsequently treated with physical therapy at three different facilities from September 2010 through July 2012. Pepper claimed that despite treatment, she suffers residual in the form of a sore, stiff neck with pain radiating into her shoulders and down to her back. She alleged the pain interfered with her daily living, especially with her ability to dance and teach dancing. She alleged that as a result, she now faces the choice of either living with the pain/disability or undergoing periodic, invasive procedures to cauterize the nerves in her neck. Thus, Pepper sought recovery of $120,000 in future medical expenses and $130,000 in damages for her past and future pain and suffering. Defense counsel argued that Pepper was not seriously injured by her fall and that Pepper’s neck pain and disability predated the accident. Counsel also argued that the treatments prescribed by Pepper’s treating doctor have not been demonstrated to be effective.