On Oct. 24, 2010, at approximately 8:30 p.m., plaintiff Emilia Gonzalez, 40, a caregiver with Cerebral Palsy, was walking home along West Orange Grove Avenue, in Pomona, when she tripped and fell over a piece of pipe protruding up from the sidewalk. She allegedly injured her head, left elbow, left wrist/hand, and left shoulder. Gonzalez sued the maintainer of the sidewalk, the city of Pomona. Gonzalez alleged that the city was negligent in the repair and/or maintenance of the sidewalk, creating a dangerous condition of public property. She also alleged the city failed to warn of the sidewalk’s dangerous condition. Plaintiff’s counsel contended that Gonzalez tripped over a metal flange for an air relief valve that was protruding upward from the subject sidewalk area. Counsel contended that the protruding pipe had recently been installed as part of the city’s water project, which was in process at the time, wherein the water lines and related facilities were being replaced. Gonzalez claimed that there were no cones, warning signs, caution tape or other barricades around the protruding flange, nor was it covered at the time of the accident. She also claimed that there were no fixtures or apparatus in the area to make the sidewalk’s condition obvious and readily observable. Gonzalez further claimed that the flange itself was dark and that there was no lighting in the immediate area. She claimed that, as such, she could not see the flange or anticipate its presence. The city claimed that the primary contractor on the water project was A.R. Sarmiento Inc. and that the engineering company that was working on the project was Willdan Engineering Inc. Thus, the city filed a third-party complaint against A.R. Sarmiento and Willdan Engineering, seeking indemnification. The insurer for A.R. Sarmiento, Scottsdale Insurance Co., ultimately agreed to assume liability for Willdan Engineering and the city. Defense counsel contended that the subject flange was an open and obvious condition, as it was protruding up through the sidewalk at least four to six inches, making it clearly visible. Thus, counsel asserted that Gonzalez was liable for her trip and fall., Gonzalez was taken by ambulance to an emergency room, where she was diagnosed with a fracture of the left (dominant) elbow, and either a fracture or severe sprain of her left (dominant) wrist. Her left arm was subsequently placed in a long splint and she discharged with instructions to follow up with an orthopedic surgeon. On Oct. 27, 2010, Gonzalez underwent open reduction and internal fixation surgery on her left elbow, during which a compression rod was inserted into the ulnar. She then followed up with post-operative physical therapy through Dec. 6, 2011. Upon her discharge, one of the plaintiff’s treating surgeons opined that Gonzalez had lost full extension of her left arm and would never regain extension beyond 50 percent. On Feb. 20, 2013, Gonzalez was diagnosed with left elbow arthrofibrosis, a condition in which scar tissue forms within the capsule that surrounds the elbow joint, which prevented normal motion of the elbow joint. Gonzalez’s doctor recommended against invasive treatment, opining that surgery to remove the fibrous tissue was unpredictable. The doctor also opined that due to Gonzalez’s Cerebral Palsy, a bad result from surgery could incapacitate both of her upper extremities. Thus, Gonzalez sought recovery of $14,500 in past medical costs, $60,000 in past lost earnings, and $280,000 in future lost earnings. She also sought recovery of damages for her pain and suffering. Defense counsel disputed the nature and extent of Gonzalez’s residual and damages. Counsel also contended that Gonzalez’s current condition and disabilities were due to her pre-existing Cerebral Palsy.