On Aug. 7, 2010, plaintiff John Elston, 51, a mortgage banker, along with his wife, plaintiff Evalyn Elston, attended their son’s basketball game at the gymnasium of Hope International University in Fullerton. The game was sponsored by Swoosh Basketball, a basketball tournament management company. At approximately 12:15 p.m., an altercation broke out among several players. Immediately after the incident, Mr. Elston got up from his seat in the bleachers and began walking down the designated walkway toward the gym floor when he tripped and fell to the ground. He claimed to both knees. The Elstons sued Hope International University and Swoosh Basketball. They alleged the defendants failed to properly erect the retractable bleachers and install handrails, creating a dangerous condition. The Elstons claimed that although the retractable bleachers had handrails that were to be inserted in the walkway to assist spectators walking up and down the stairs, no such handrails were in place at the time of the incident. They also claimed that in the middle of the bleacher’s walkway stairs remained metal inserts into which the handrails were to be placed. However, they claimed that without the handrails, the inserts protruded several inches up from the stairs, causing Mr. Elston to trip and fall over them. Thus, the plaintiffs’ counsel contended that Hope International University and Swoosh Basketball failed to properly erect the retractable bleachers and insert handrails on the walkway, as designed, which left the handrail metal inserts sticking up, unprotected, in the stairway and caused the accident. The defendants disputed the plaintiffs’ allegation that Mr. Elston tripped over the metal handrail holder protrusion, and claimed that Mr. Elston actually fell on one of the two bleacher steps closer to the ground, while the inserts didn’t start until the fourth step up. They also claimed that the protruding metal inserts were open and obvious. In addition, the defendants claimed that Mr. Elston’s fall was due to his own inattentiveness, and defense counsel asserted that it was equally as likely that Mr. Elston tripped over his own two feet or simply missed a step while rushing down to the gymnasium floor due to the altercation., Mr. Elston was taken by ambulance from the scene of the accident and brought to Kaiser Permanente Orange County Anaheim Medical Center. He was diagnosed with patellar tendon ruptures to both knees, for which he was transferred to Kaiser Permanente Orange County Irvine Medical Center for surgery and remained hospitalized for five days. Mr. Elston then followed up with several months of physical therapy. Mr. Elston claimed that while he regained most of his pre-incident level functioning, he still shies away from vigorous exercise and running. He also claimed that he was unable to work for two years following the incident. In addition, the plaintiff’s expert orthopedist opined that Mr. Elston will eventually require additional strengthening therapy. Thus, Mr. Elston claimed that his past medical costs were in excess of $50,000. He also sought recovery of $81,000 for his past loss of earnings and an unspecified amount of damages for his pain and suffering. Mrs. Elston sought recovery of damages for her loss of consortium. Defense counsel disputed Mr. Elston’s alleged need for future care, as well as his claim for past loss of earnings. They contended that Mr. Elston’s past loss of earnings would have occurred anyway due to the recession and that he failed to mitigate his damages by seeking alternative sedentary employment.