On Dec. 21, 2008, plaintiff Vatche Agopian, 37, an owner of a Mercedes repair shop in Southern California, slipped and fell on a walkway at the premises of the Sierra Nevada Rodeway Inn, located at 164 Old Mammoth Road in Mammoth Lakes, during a weekend snowboarding trip. Agopian claimed to his right leg. Agopian sued the operator of Sierra Nevada Rodeway Inn, Metric Mammoth, LLC. He alleged the defendant failed to properly maintain the walkway and failed to post adequate warning signs, creating a dangerous condition. Agopian claimed that he slipped and fell on black ice. He contended that there was no written adverse weather plan for the removal of snow and ice on the premises, and the posted warnings were inadequate. Thus, Agopian claimed that Metric Mammoth fell below the standard of care, as it was known the walkway was prone to ice buildup, but the condition was not properly addressed. In addition, the plaintiff’s standard of care expert testified that cones or sandwich warning signs would have been more appropriate. Defense counsel argued that ice was an open and obvious condition in Mammoth Lakes in December, especially when temperatures are below freezing, as it was on the day in question. Counsel also argued that Agopian walked by four “caution ice” signs prior to the subject fall. Defense counsel also presented evidence of an adverse weather plan, although admittedly not in writing at the time of the incident. Plaintiff’s counsel requested that the jury receive modified instructions based on California Civil Jury Instruction 1004, regarding an obviously unsafe condition, and it was granted., Agopian sustained a spiral oblique fracture of the tibia and fibula of his right leg. He was subsequently transported from the scene via ambulance and brought to Mammoth Hospital, where he underwent open reduction and internal fixation, including the use of a plate and four screws, the same day. Agopian was then discharged the following day and returned to Los Angeles. Despite being in a cast, Agopian returned to work immediately following his return to Los Angeles. The hardware was later removed in November 2010. However, Agopian claimed he is limited in his recreational activities, which included jogging, mountain biking, riding his motorcycle, and participating and training in martial arts and kick boxing. Thus, Agopian sought recovery of damages in excess of $1 million, including slightly over $100,000 in past medical expenses (if interest on unpaid medical charges is included). He did not make a wage loss or loss of earning capacity claim. Defense counsel questioned the mechanism of injury, as the type a spiral oblique fracture that Agopian experienced requires both compression and torque. Counsel contended that the compression necessary for that type of fracture is not experienced in a slip, but rather with a planted foot. Therefore, defense counsel argued that the ice was not a factor in the alleged injury.