On April 10, 2013, plaintiff Athena Arnett, 10, slipped and fell on ice cream that was on the floor of the food court at the Plaza West Covina Mall, in West Covina. She allegedly landed forcefully on her back and buttocks. Athena claimed she had severe pain in her right leg, hip, ankle, and foot after the incident. Athena, through her guardian ad litem, Donna Stubblefield, sued the owners and operators of the mall, Westfield LLC and Plaza West Covina LP; and the company that provided housekeeping services at the mall, Environmental Service Concepts, LLC. Athena alleged that the defendants failed to properly maintain the mall’s floor, creating a dangerous condition. Environmental Service Concepts was ultimately let out of the case. Plaintiff’s counsel contended that ice cream was left on the floor of the food court, causing the subject tile floor to become unreasonably slippery. Counsel also contended that Westfield knew, or should have known, about the dangerous condition, but failed to timely address the condition. Defense counsel asserted that Westfield and Plaza West Covina had reasonable inspection procedures in place and that Athena did not exercise due care for the alleged conditions. Counsel contended that the food court was continuously patrolled by two Environmental Service Concepts porters and that a porter last patrolled the area at 8:24 p.m. Counsel also contended that Athena’s accident occurred sometime after the area was last patrolled and was reported to security at 8:40 p.m. In addition, counsel contended that the ice cream spill was so large that anyone should have seen it, if they were watching where they were going, and that the ice cream spill constituted an open and obvious condition. Thus, defense counsel argued that if Athena had looked down to the ground, she would have seen and been able to avoid the spill. However, defense counsel noted that Athena admitted that the lighting condition was adequate and that she had no issues seeing the spill, but that she never looked down to the ground before her fall., Athena claimed she sustained a right leg contusion, causing severe pain to her right leg, hip, ankle, and foot as a result of the fall. Paramedics were subsequently summoned to the scene, and Athena was taken to Citrus Valley Medical Center, in Covina. At the hospital, tests were performed, including X-rays of her right femur, tibia and fibula, and CT scans of her pelvis, but all were negative. As a result, Athena was administered morphine for her pain and she was released from the hospital. The following day, Athena sought medical treatment with her pediatrician and then underwent an X-ray of her right ankle on April 12, 2013. Five days later, she went to an orthopedist with complaints of significant pain and swelling in her right leg, mostly in the region of her shin. Athena was mostly non-weight-bearing on her right leg because of the alleged severity of her pain and she claimed she was taking Norco for the pain. She was ultimately diagnosed with a right leg contusion. Athena continued to follow-up with her pediatrician and orthopedist, claiming her condition did not improve, and on July 29, 2013, she underwent X-rays of her right foot, which purported to show a hairline fracture on the fifth metatarsal on her right foot. She then sought treatment with a second orthopedist and was diagnosed with a fracture of her right foot’s fifth metatarsal and prescribed a walking boot. However, Athena continued to complain of ongoing, right foot pain until Sept. 6, 2013, when she was discharged. Athena initially claimed the fall resulted in severe right leg, hip, ankle and foot pain, as well as a fracture of the right foot’s fifth metatarsal, requiring her to be completely incapacitated for about 30 days and bound to a wheel chair. However, during trial, Athena dropped her claim that the subject accident caused her alleged fracture of the fifth metatarsal. She also waived her claims for recovery of past and future medical costs. Thus, she sought recovery of $25,000 in damages for her pain and suffering. Defense counsel argued that Athena only sustained a bruise as a result of the incident and that the bruise resolved within three to four weeks.