On Dec. 3, 2016, plaintiff Jesus Garnica, 5, and his family attended a Santa Clara Police Activities League soccer awards banquet conducted at Cabrillo Middle School, in Santa Clara. An in-wall cafeteria table fell, striking Jesus’ head and causing him to fall. As he was falling, he struck his head a second time on the now open table before falling to the ground and striking his head against the floor. Jesus’ mother and three minor siblings all claimed to have witnessed the incident. Jesus’ father, Alejandro Garnica, acting as guardian ad litem for Jesus and Jesus’ three minor siblings (Fabiola Garnica, Alexis Garnica and Kathelyn Garnica), and Jesus’ mother, Catalina Juarez, sued the organizer of the event, the Santa Clara Police Activities League; a PAL volunteer who was in charge of the setup that day, Jason Heldt; and the operator of the middle school, the Santa Clara Unified School District. The lawsuit family alleged that the school district failed to repair and/or maintain the folding table, creating a dangerous condition under Government Code § 835. The ;awsuit also alleged that Heldt and PAL were generally negligent in setting up for the event, creating a dangerous condition. Plaintiffs’ counsel asserted that the tables and benches at Cabrillo Middle School were improperly stored, which created a dangerous condition and a foreseeable risk of harm. Counsel contended that the cafeteria tables, which folded out from the walls, contained a locking mechanism to keep them folded into the walls when locked and opened up when unlocked. Plaintiffs’ counsel asserted that the cafeteria table fell out of the wall when it should not have, which meant that no one had checked the locking mechanism, which was faulty, not working or not engaged. The school district’s counsel noted that the cafeteria table that struck Jesus was pushed back into the wall before the incident and that Jesus’ mother testified that she had not been watching Jesus just prior to the incident. Counsel also contended that the school’s principal had made the school cafeteria available to PAL earlier that day to set up for the event and that no school employee was present during the actual event. Thus, counsel asserted that the school district was not liable based on negligence, as it had no responsibility for the event, and that the school district was not liable on a premises liability theory, as the premises was not in a dangerous condition when it was turned over to PAL that morning. PAL’s counsel asserted that the school district had not properly instructed PAL regarding how to properly install the cafeteria tables into the wall., Jesus’ family claimed that Jesus sustained blunt force trauma to his head, resulting a minor traumatic brain injury that rendered him unconscious for approximately two minutes. There was bleeding from his right ear, and he was taken by ambulance to Santa Clara Valley Medical Center, in San Jose, where he was admitted to the pediatric intensive care unit. Jesus’ Glasgow Coma Scale Score was normal in the ambulance, and he was released from the hospital without restrictions the following morning, as the CT scan did not reveal any cerebral hemorrhaging at that time and as Jesus was not exhibiting any symptoms of injury. In addition, Jesus was alert, talking and wishing to go home with his parents. He then had three follow-up visits with his pediatrician, who diagnosed a concussion. After the incident, Jesus performed adequately in school with some issues, but was initially denied an Individualized Educational Program based on the school district’s testing, which found Jesus to be performing in the average range for his age. However, Jesus’ parents challenged the assessment, claiming that Jesus requires special education and vocational services. They also claimed that their son requires future medical and therapeutic care, as well as home care. Plaintiffs’ counsel contended that Jesus’ charged medical expenses totaled $6,089.02, which, after reduction, $4,709.27 was paid. Thus, Jesus sought recovery of $4,709.27 in past paid medical costs, between $4,275,000 and $5,925,000 in future projected medical costs over his lifetime, and between $3 million and $5 million in future estimated loss of wages. He also sought recovery of noneconomic damages for his past and future pain and suffering. Jesus’ mother and three minor siblings claimed they suffer from bystander emotional distress as a result of witnessing Jesus be injured, become unconscious and need to be taken to a hospital by ambulance. They each sought recovery of damages for their respective emotional pain and suffering as a result of the events. Defense counsel argued that, according to other eyewitnesses, Jesus was only unconscious for seconds. Counsel also denied that Jesus suffered any serious or permanent injury as a result of the subject incident. Defense counsel asserted that Jesus had a minor pre-existing learning disability and that Jesus simply suffered a minor concussion that resolved in less than two months, as referenced in Jesus’ treatment records, which included scans that had no evidence of a TBI, and because Jesus was released from care in less than 12 hours after admission. The defense’s medical experts found a subsequent MRI that Jesus underwent, but found that the MRI was uncertain for Jesus to claim any injury. In addition, the school district’s counsel denied that Jesus’ mother or siblings saw the table come down onto Jesus’ head.