On June 2, 2012, plaintiff Fabio Hornischer, 10, was on a group outing at the Hawk Ridge campsite, a campground managed by the East Bay Regional Park District, located in Anthony Chabot Regional Park, in Oakland. Fabio’s group rented the campsite for its exclusive use for an overnight sleepover. The campsite had a gazebo with a fire pit inside. Prior to Fabio’s group using the site, it was used by the Girl Scouts. The park district’s rangers then inspected the site, including the gazebo, before turning it over to Fabio’s group for their use that afternoon. Soon after arriving, Fabio and other kids were playing in the gazebo when Fabio slipped, causing his hand to go into the fire pit. There were hidden burning embers still burning under a top layer of ash that made it appear as if any pre-existing fire had been extinguished. As a result, Fabio sustained to his right hand and forearm. Fabio sued the East Bay Regional Park District and the Girl Scouts of Northern California. The Boy Scouts of America was initially named as a defendant, but it was ultimately dismissed from the case. Plaintiff’s counsel contended that the Girl Scouts were negligent for failing to completely extinguish the fire in the fire pit when the group left the campsite that morning. Counsel also contended that the East Bay Regional Park District created a dangerous condition of public property by failing to extinguish the fire in the fire pit left by some previous group and by hosing down debris, including sticks, into the gazebo’s drain near the fire pit. Thus, plaintiff’s counsel argued that the combination of hosing down the debris and failing to extinguish the fire in the fire pit, caused Fabio to slip on residue from charcoal and branches that had collected around the fire pit and become injured due to embers that were allowed to keep burning in the fire pit. Counsel for the East Bay Regional Park District contended that the park rangers had no reason to suspect that there were hidden burning embers underneath the top layer of ash. Counsel also contended that the rangers were not required to check for such a condition. Counsel for the Girl Scouts of Northern California contended that the Girl Scouts did not leave a fire burning in the fire pit and that they had taken reasonable steps to extinguish the fire at the time they vacated the campsite. Thus, counsel argued that any embers left burning in the fire pit were not from the Girl Scouts. In addition, defense counsel argued that Fabio was engaged in horseplay at the time of the accident and that the adults in Fabio’s group were negligent for allowing Fabio and the other kids to ride scooters in the gazebo., Fabio suffered second and third degree burns of his right, dominant hand and forearm. He was subsequently hospitalized immediately after the accident and remained hospitalized for two weeks, during which he underwent three procedures. Fabio required multiple surgeries and skin grafts. Fabio claimed that he suffered psychological harm, including post-traumatic stress disorder, as a result of the incident. Thus, Fabio sought recovery of $337,387 in past medical costs and $500,000 in future medical costs. He also sought recovery of damages for his past and future pain and suffering.