On Aug. 10, 2010, plaintiff Roderick Smith, 63, a carpenter/craftsman, was shopping at Rafael Lumber & Building Supply in San Rafael when tripped and fell over a concrete tire-stop while looking at roofing materials that were stored in the lumber yard and parking lot. He claimed to his right leg and torso, as well as psychological , as a result of the accident. Smith sued Rafael Lumber & Building Supply. He alleged that the defendant was negligent in the maintenance of the area, creating a dangerous condition. Smith claimed that while he was in the lumber yard by the storage rack, he stepped back to examine roofing materials and tripped and fell over a tire-stop that was located 27 to 28.5 inches from the storage rack. Thus, he contended that the tire-stop was placed in too close a proximity to the storage rack. Defense counsel contended that the tire-stop was an open and obvious condition, and complied with the California Building Code and design standards. Counsel also argued that Smith caused the trip and fall by stepping backward and that it would have occurred, based on the plaintiff’s account, even if the tire-stop was 30, 36 or 44 inches away from the storage rack., Smith was taken from the scene of the accident by ambulance and presented to an emergency room. He sustained compound fractures of the tibia and fibula in his right leg, as well as blistered torso. Within a few days of the accident, Smith underwent open reduction and internal fixation surgery with the insertion of screws and a rod in his right leg. He later underwent surgery to remove the screws in June 2011, and had ongoing physical therapy up until September 2011. Smith claimed he still experiences pain and discomfort in his right leg and suffers from post-traumatic stress disorder, including flashbacks, panic attacks, agoraphobia, insomnia and depression. He alleged that this interferes with his travel hobby and caused him to miss nearly one year of work. However, he claimed that he intends to undergo rod removal surgery. The parties stipulated that the plaintiff’s past adjusted medical bills totaled $48,963.22. As a result, Smith asked the jury for $536,000 in total damages, consisting of $268,000 for his past and future economic loss and $268,000 for his pain and suffering. Defense counsel acknowledged Smith’s fractures, but disputed the extent and validity of his psychological . Counsel also argued that Smith was still able to travel, as he took vacations to Japan, Yosemite and Cuba after the subject accident. Thus, counsel asked the jury to render a defense verdict, but stated that if there was a finding of liability, the plaintiff’s total economic loss was only $67,000 to $70,000.