On Oct. 17, 2014, plaintiff Lynn Mobley, 59, an insurance broker, tripped and fell at Gelson’s Market, in Irvine. She claimed to her right elbow. Mobley sued the owner and manager of the property, The Irvine Co., LLC, and the lessee of the property and operator of the specialty supermarket, Gelson’s Market. Irvine Company Retail Properties and Oak Creek Shopping Center were both initially named as defendants, but it was determined that they were the improper entities. As a result, they were not served and were ultimately dismissed from the case prior to discovery. Mobley claimed she tripped on a height differential in the cement walkway as she entered the store, causing her to fall. Thus, she contended that the property was not properly maintained. The plaintiff’s safety expert testified that the height differential violated building codes and presented a dangerous condition to the public. Defense counsel presented a surveillance video that depicted Mobley on the ground after falling. Counsel noted that the video continuously surveilled inside the store, but not outside. Counsel also noted that customers were allowed entrance to the store through two glass doors that opened and closed and that the video showed a woman appear on the other side of the doors when the closed doors opened. Accordingly, the video did not capture Mobley falling, as the doors were shut, and only showed her on the ground once the doors opened. However, defense counsel pointed out how the video showed Mobley using the allegedly injured right arm to push herself off the ground, point into the store with an outstretched arm, push a shopping cart, and rummage through her purse. The defense’s biomechanical engineering expert analyzed the surveillance video and opined that Mobley did not fall in the area where she alleged. Thus, defense counsel denied Mobley’s allegations and argued that the property did not have a dangerous condition, as the property was properly maintained and managed., Mobley claimed that she sustained a radial head fracture of the right elbow as a result of the fall. She subsequently presented for medical care the next day and underwent X-rays at a Hoag Urgent Care facility. The X-rays showed a radial head fracture of the right elbow. As a result, on Dec. 31, 2014, Mobley underwent a radial head replacement and a repair of the collateral ligament. Mobley’s income as an insurance broker was 100 percent commission-based and she alleged her injury prevented her from servicing clients and generating business. She claimed that as a result, her injury created a compounding loss of earnings. Thus, Mobley sought recovery of past and future loss of earnings, past and future medical costs, and damages for her past and future pain and suffering. Defense counsel contended that while Mobley’s X-rays showed a radial head fracture of the right elbow, her doctors noted that the fracture was of an uncertain age. Counsel also noted that medical records revealed that Mobley fractured the same elbow 4.5 months before the alleged fall at Gelson’s Market and that Mobley did not seek treatment for the pre-existing fracture. Thus, defense counsel argued that Mobley’s facture was pre-existing and not causally related to her alleged fall.