On Feb. 1, 2011, plaintiff Randy Croteau, 46, a painter, was painting a property in Hemet owned by the Harbach Family Trust when he allegedly fell off a wood bridge/walkway on the property, seriously his left shoulder. Croteau sued Paul Harbach and Monty Feyen, as Trustees for the Harbach Family Trust. Croteau alleged the defendants failed to warn of a dangerous condition. Croteau claimed his fall was caused by hidden dry-rot in the bridge’s railings, which gave way when he leaned over while cleaning his equipment. The plaintiff’s safety expert photographed the walkway within two weeks of the accident and documented that it was decrepit, full of dry-rot, and in violation of multiple building and safety codes. Defense counsel contended that the deteriorated condition of the railings was open and obvious and that Croteau was warned that the bridge was unreliable. In response, Croteau denied any warning was given, and claimed the area where he had fallen looked sound. Croteau’s counsel obtained a directed verdict under negligence per se, based on uncontested code violations. The court instructed that these violations were proved, but could be excused (on the negligence cause of action only) if an adequate warning was given., On the day after the accident, Croteau went to an emergency room, where he was diagnosed with a serious rotator cuff tear of the left, dominant shoulder. He also claimed he sustained a herniated cervical disc at the C5-6 level. Croteau ultimately underwent two repair surgeries on his rotator cuff and a two-level fusion on his cervical spine. He also received physical therapy on-and-off for over a year. Croteau claimed he is now unable to use his left arm at all and requires a shoulder/arm brace full-time. He also claimed he continues to take pain medication. Croteau alleged that he has been unable to run his painting company since the accident. He further alleged that he will never be able to return to painting and that he is now unemployable, as he has no transferable skills. Thus, Croteau sought recovery of $162,299 in past medical costs, $1,740,681 in lost earnings, and $2.5 million for his pain and suffering. Defense counsel acknowledged that Croteau’s shoulder was injured, but disputed the need for the second shoulder operation and cervical fusion. The defense’s medical experts questioned Croteau’s actual residual limitations, noting inconsistent exam results and a year’s worth of Facebook postings in which Croteau described himself as active and working. In response, Croteau contended that the Facebook postings were made up to impress a woman he was courting.