On July 2, 2011, plaintiff Anthony Piazza, 48, a business owner, came down from a unit he was renting at Mission Beach Townhouses in Mission Beach, after his son informed him that he was parked in someone else’s designated spot. Piazza came down to the north entrance and when he turned the corner, he allegedly struck his right foot on a sharp object sticking out of the ground. Piazza claimed to his right foot. Piazza sued the homeowner’s association, Mission Beach Townhouse Association; and the owners of the unit where he was staying, Pickering Properties LLC, Patrice Pickering, Robert Pickering, Susan Pickering and Timothy Pickering. He alleged that the defendants failed to timely and properly repair and/or maintain the area, creating a dangerous condition. The Pickering defendants were dismissed for a waiver of costs prior to trial. Thus, the matter proceeded to trial against Mission Beach Townhouse Association only. Piazza claimed that he struck his right foot on a sharp, metal support structure for a bollard — a post that prevents vehicles from going into an certain areas — that was protruding 3-inches above the ground. He alleged that after the incident, he left a message on the property manager’s answering machine stating that he was hurt and that the property manager needed to fix the bollard. Defense counsel contended that even though Piazza claimed he left a message on the property manager’s answering machine, the attendant that was working at the property manager’s number testified that there were no calls that came in that day. The individual who Piazza was moving his vehicle for testified that Piazza showed no indication of an injury and made no complaints. Defense counsel further contended that Piazza did not report the injury until he was informed he would have to pay fines to the Homeowners Association for parking violations and leaving trash. In addition, the defense’s orthopedic surgery expert opined that someone with Piazza’s alleged condition would have noticed if he was hurt and would have been in excruciating pain., Piazza claimed he suffered a partial dislocation and subluxation of the joints of his toes, resulting in severe pain. Piazza and his wife both testified that he had sustained bleeding under his toenails, but had no puncture wounds or lacerations. Two weeks after the incident, Piazza presented to his treating physician in Scottsdale, but did not return until two months later. He then presented with swelling, pain in the forefoot, burning, and decreased sensation. The plaintiff’s treating podiatrist first diagnosed Piazza with paresthesia and later with a traumatic neuroma. Piazza claimed that after his second medical visit, he did not return for six months because his physician in Scottsdale told him that his injury would likely resolve, but that it actually only got worse. Piazza, who had an upholstery business, testified that as a result of his injury, his work capability was reduced, resulting in excess of $150,000 in past and future loss income. The plaintiff’s expert orthopedic surgeon opined that Piazza requires an excision surgery for the neuroma, which should have an extremely high effective rate, and that the total cost of the surgery and aftercare would amount to approximately $10,000. The defense’s orthopedic expert agreed that Piazza would need the excision surgery for the neuroma and that it should have an extremely high effective rate. The defense’s expert also agreed that the total cost of the surgery and aftercare would be about $10,000. However, defense counsel noted that Piazza has not had the surgery to date. The defense’s and plaintiff’s orthopedic surgery experts, who both specialize in foot and ankle conditions, both opined that Piazza would have been in severe pain if he struck his foot in the manner described. However, defense counsel contended that on the date of the accident, Piazza sustained no puncture wounds to his foot. Counsel also produced records that Piazza had a pre-existing foot condition, which was extremely similar and diagnosed one year before the subject incident. Despite this, Piazza denied having similar problems with his right foot before the alleged accident. Defense counsel produced evidence of a newspaper article in Arizona about Piazza accompanying his friend on a hunting trip, allegedly at the height of Piazza’s disability, pain, and inability to support his family. The article included a picture of Piazza kneeling on one knee with all his weight on his injured foot.