On Dec. 1, 2011, at approximately 1:30 p.m., plaintiff Jayden Davis-Maynard, 2, was in the backyard of his home, which his family rented, in Fresno. Jayden slipped through a vertical fence board that had fallen and as a result, fell into the neighbor’s backyard pool. He was later found floating face up in the shallow end of the pool, having suffered cardiorespiratory arrest and hypoxia. He survived the near drowning. Jayden, by and through his guardian ad litem, Amada Davis, sued Jim Newton, the owner of his family’s residence, and Terrence Polen, the owner of the neighboring home, for premises liability, alleging that negligence maintenance created a dangerous condition. Plaintiff’s counsel contended that both defendants were negligent due to the lack of maintenance of the fence, which they alleged was jointly controlled by the defendants. They further claimed that Polen was negligent for failing to properly secure the swimming pool on his property. Defense counsel contended that the damage to the fence was caused by a severe windstorm and not because of any negligence on the defendants’ part. , Jayden received CPR at the scene of the incident, and was transported via ambulance to the emergency room, where he was stabilized. He was transferred to a children’s hospital, where he underwent surgery to place a G-tube for feeding. As a result of the near drowning, Jayden suffered from cardiorespiratory arrest and hypoxia, which has caused severe developmental delays, including but not limited to use of his limbs and minimal verbal communication. He continues to require a G-tube for feeding. Plaintiff’s counsel claimed $169,868 in past medical costs, and further sought damages for Jayden’s pain and suffering as well as a life care plan.