On March 30, 2019, plaintiff Danny Pena, 23, was operating an electric Bird Ride Scooter, which are scooters that can be rented in Los Angeles. As he was riding south on a sidewalk that runs along South La Brea Avenue, on the block between the intersections with West 20th Street and Washington Boulevard, in Los Angeles, he was ejected from the scooter and struck a tree. Pena sustained to his head and neck. Pena sued the owner and maintainer of the sidewalk, the city of Los Angeles, and the maker of the scooter, Bird Rides Inc. Pena alleged that the city failed to repair and/or maintain the sidewalk, creating a dangerous condition. Bird Rides was ultimately dismissed from the case. Plaintiff’s counsel contended that Pena’s scooter initially struck a three-inch uplift in the sidewalk and that the impact caused Pena to be catapulted into air, where Pena’s head struck an overhanging branch of a 6-foot Ficus tree. Counsel argued, through the testimony of the plaintiff’s sidewalk expert, that the 3-inch uplift in the sidewalk constituted a dangerous condition of public property, as three-quarters-of-an-inch or less is considered a trivial defect. Counsel also argued that the tree should be 9-feet high in residential areas and that the subject tree’s height, with its lower branch, also constituted a dangerous condition of public property. Plaintiff’s counsel contended that Pena, who is 5 feet 11 inches tall, was 4 inches off the ground while on the scooter bed/platform and that Pena struck the tree branch at an angle. Thus, Pena’s counsel argued that the city failed to maintain the subject area by repairing the sidewalk and removing the subject tree and that the city’s failure ultimately led to Pena’s accident. Defense counsel noted that Pena admitted in his deposition that he drank "one pint to a pint-and-a-half" of Hennessey 80-proof cognac late in the night on March 29, 2019, before the accident. Cedars Sinai Medical Center ran a plasma test to prepare for emergency surgery, and the test revealed that Pena had a .094 blood alcohol content. In addition, the emergency room physician and an anesthesiologist claimed they smelled marijuana on Pena. Defense counsel contended that Pena hit the tree head-on, and the defense’s accident reconstruction/biomechanics expert agreed with how Pena hit the tree. Defense counsel also contended that Pena had operated the scooter in the subject area hundreds of times before the date of the accident and that Pena lost control of the scooter on the subject date because of his impairments., Pena sustained a concomitant crush injury at C6-7, a contrecoup injury caused by a physical dent/depression in the left side of his head and an internal hemorrhage/bleeding in the right side of his head, which both caused a moderate to severe traumatic brain injury. Emergency medical technicians from the Los Angeles Fire Department immediately transported Pena to Cedars-Sinai Medical Center, in Los Angeles, where the plaintiff’s expert physiatrist opined that Pena’s facets at C6-7 had "skipped." As a result, Pena underwent an immediate spinal decompression and fusion surgery. It was ultimately determined that Pena is paraplegic. Although Pena is paralyzed from the waist down, he still feels pain in the legs. However, he has not walked since the date of the accident and he claimed he would require the use of a wheelchair for the remainder of his life. In addition, plaintiff’s counsel contended that Pena would require a licensed vocational nurse for most of the day. The plaintiff’s expert economist opined that Pena’s past and future economic losses totaled $15 million. Pena sought recovery of past and future medical costs, and damages for his past and future pain and suffering. Defense counsel contended that Pena should not be awarded anything because of his impairment from alcohol prior to striking the tree head-on and because Pena did not strike an uplift, despite claiming otherwise. The defense’s expert medical examiner, who is also paralyzed, admitted that Pena’s pain will be for life and that Pena, like all those suffering from spinal cord , is 10 percent more at risk of committing suicide. The expert also admitted that Pena requires in-patient training all over again. However, the expert disputed Pena’s need for a licensed vocational nurse. Defense counsel argued that an in-home health aid, such as in-home supportive services, which is state-provided and paid minimum wage, was good enough. On cross-examination, plaintiff’s counsel noted that the defense’s expert medical examiner testified in deposition that, even being a physician, he thought about suicide. On cross-examination, the defense’s life care planning expert stated that she does not take into account inflation, that she only gives generic drug prices, and that she is not saying that Pena’s retained physical medicine expert is wrong in his recommended future medical care.