On the evening of Nov. 16, 2011, plaintiff Gloria Rausch, an unemployed 56 year old, went with her son and boyfriend to Redwing Bar & Grill in San Diego to celebrate her birthday. After ordering rum and cokes, Rausch went on stage to sing karaoke. When she finished singing “These Boots Are Made For Walking,” she walked off the front of the stage. Rausch, who was wearing four-inch platform heels, claimed she fell on the movable step at the front of the small stage, her right ankle. Rausch sued the operator of Redwing Bar & Grill, Critchlow Investments; and the property owners, Standlee Family Trust and Standlee Family Marital One Trust. Rausch alleged that the defendants were negligent in the design, installation, and/or maintenance of the stage and steps, creating a dangerous condition. Standlee Family Trust; and Standlee Family Marital One Trust were never served, and Rausch ultimately dismissed them from the case. Plaintiff’s counsel contended that the subject movable step was a clear code violation and sought to have the jury instructed regarding negligence per se. However, Judge Frederic Link did not allow it. According to Rausch, the movable step was located at the front of the stage during her performance and when she walked off the front of the stage, she successfully planted her entire right foot on the right side of the step. However, she claimed that as she moved her left leg toward the step, the step suddenly moved to the left, causing her to fall to the right and sustain her injury. Thus, plaintiff’s counsel argued that the stage and its steps constituted a dangerous condition of which Critchlow Investments had notice. As to the negligence per se cause of action, plaintiff’s counsel argued that the design, installation and/or maintenance of the stage violated various sections of the Uniform Building Code. Defense counsel argued that the stage and its steps were not dangerous and that Critchlow Investments had no notice of any alleged dangerous condition, in that there had never been any prior accident involving the stage or its steps before the subject incident. Counsel also argued that Rausch could not recover under the theory of negligence per se because the Uniform Building Code did not apply to the stage and that, even if it did, any violation was not a substantial factor in bringing about Rausch’s . Plaintiff’s counsel further argued that Rausch was negligent for her own by stepping off the front of the stage without using one of the provided steps. The defense’s biomechanical expert testified that Rausch’s version of the incident was biomechanically impossible., Rausch sustained to her right foot, which included a comminuted fracture of the calcaneus, a fracture of the inferior cuboid, and an avulsion fracture of the lateral ankle. She was subsequently taken to Scripps Mercy Hospital, in San Diego, on the night of the accident. On Nov. 28, 2011, Rausch underwent internal fixation surgery, which included the installation of 26 individual pieces of metal hardware. However, her wound became severely infected in January 2012, which prolonged her recovery and necessitated debridement surgery. Rausch claimed she suffered constant, extreme pain in the right heel and right ankle, and developed significant scarring. She also developed an antalgic gait, or a gait that developed as a way to avoid pain while walking. The plaintiff’s treating physician opined that Rausch’s significant wound healing complications may have been due to her smoking and the nature of the incision. The physician also opined that Rausch will develop arthritis in the future due to the nature of her injury. He further opined that, with a reasonable degree of medical probability, Rausch will need future surgery. Plaintiff’s counsel contended that the future care necessary for Rausch was over $1 million. However, Rausch’s projected life care plan of $1,117,268.97 was reduced to $247,000 at trial following motions in limine, which limited expert testimony, and was reduced further in closing arguments. Despite incurring approximately $17,000 in adjusted medical expenses, Rausch did not seek recovery of past economic damages. Thus, plaintiff’s counsel asked the jury to award Rausch just under $900,000 in total damages, including $189,371 in future economic damages, $200,000 in damages for past pain and suffering and $500,000 in damages for future pain and suffering. The defense’s orthopedic expert performed an independent medical exam of Rausch. He testified that although some practitioners would likely have treated Rausch’s condition non-operatively, Rausch’s treatment with her treating physician was reasonable and necessary. The defense expert further opined that he did not anticipate Rausch’s would ever require additional operative care.