At approximately 12:30 a.m. on June 21, 2009, plaintiff Michael Donovan, 79, a retiree, was leaving a party held at the home of Mary McVay on Matilija Street in Glendale, when he tripped and fell over a raised crack in the sidewalk, landing on his face. Donovan sued the maintainer of the sidewalk, the city of Glendale, and the adjacent property owner, McVay. He alleged the defendants failed to timely repair and maintain the sidewalk, creating a dangerous condition. He also alleged the defendants had actual notice of this condition. McVay was ultimately granted her motion for summary judgment on liability, dismissing her from the case. Thus, the matter proceeded against the city only. Donovan claimed he tripped over a two-inch misleveling of the sidewalk, caused by crack from a tree that was uprooted adjacent to the area. He alleged that eight months before the accident, the subject tree was trimmed by an outside contractor hired by the city and that the cracked sidewalk condition was left substantially the same since that time. Donovan claimed that the condition should have been reported by the contractor and addressed by the city, proving that the city had actual notice of the defect but failed to timely repair it. The city contended that McVay first noticed the offset only six months before the accident, but that McVay admitted that she never reported it. Thus, the city maintained that it did not have notice of the condition. It also contended that Donovan did not use due care by walking in the dark while carrying objects that prevented him from seeing where he was walking., Donovan fell on his face and was rendered unconscious. He was subsequently taken from the scene of the accident by ambulance and brought to the emergency room at Los Angeles County + University of Southern California Medical Center before being transferred to Kaiser Permanente, where he was insured. Donovan was ultimately diagnosed with left-sided fractures of the medial, lateral and posterior wall of the maxillary sinus; a fracture of the interior orbital wall; and a nondisplaced fracture of the left zygomatic arch, consistent with a tripod fracture. He also sustained a fracture of the left coronoid process, a ruptured left eye globe, a torn tendon of the right middle finger, soft-tissue to his neck and back, and lacerations to his nose, face, head, arms, hands and fingers. Donovan underwent surgery on June 21, 2009, to repair damage to his left eye. He was subsequently hospitalized for six days and, upon his release, required assistance at home. He did not undergo any further surgery or treatment, other than follow-up care with his doctor. Donovan claimed that he now has partial loss of vision in his left eye and that it is unknown whether it will be permanent or not. He claimed that due to his partial loss of vision, his ability to manage daily tasks has been limited. Thus, Donovan sought recovery of $53,000 in damages for his past medical costs, and an unspecified amount in damages for his past and future pain and suffering. The city contended that Donovan made a full recovery, and did not suffer any residual injury or pain symptoms.