On Feb. 28, 2012, plaintiff Joseph Battaglia, a construction worker in his 40s, and plaintiff Susan Reese, an owner and operator of a Mexico Safari Surf Camp who was in her 40s, were at a small apartment complex located at 1626-1636 Hornblend Street, in San Diego. Battaglia and Reese arrived at the property in response to owner Christopher Arnicar’s request for help to get a fallen tree limb off the roof of one of the one-story apartment buildings on his property. While work was being performed on the fallen limb, another portion of the large Ficus tree fell, striking both Battaglia and Reese. Battaglia sustained to his head and neck, while Reese sustained to her head, mouth and right ankle. Battaglia and Reese sued the property owner, Christopher Arnicar. However, Battaglia ultimately settled with Arnicar prior to the start of trial. Thus, the matter continued with Reese’s claims. Arnicar subsequently brought third-party claims against the property’s handyman, Stevin Delao, and Delao’s company, 4S Ranch Handyman. As part of pre-trial issues, Delao was found to have acted in three capacities; as an individual who was a friend of Arnicar, as a handyman for Arnicar who was doing business as 4S Ranch Handyman, and as a property manager associate for Russ Eskilson Real Estate who was managing Arnicar’s property. All three of these capacities were listed on the verdict form. Plaintiffs’ counsel argued that Arnicar failed to properly maintain the tree due to improper trimming, lacing, and/or pruning. Counsel contended that the tree had become overgrown and top heavy, which caused it to be prone to breaking and falling. Thus, counsel argued that a reasonable inspection of the tree would have revealed the aforementioned issues and that the tree he guardian ad litem for the decedent’s two minor daughters, plaintiffs Haley Clowers and Julianna Clowers, sued Rossi and Rossi’s employers, the Fresno County Sheriff’s Department and the county of Fresno. The decedent’s family alleged that Rossi was negligent in the operation of the patrol vehicle and that the county and sheriff’s department were vicariously liable for Rossi’s actions, as his employer. Prior to trial, the plaintiffs dismissed the county and the sheriff’s department from the case with prejudice. Thus, the matter continued against Rossi only. Plashould have been maintained by a professional. Arnicar claimed that Delao, in his capacity as a property manager associate for Russ Eskilson Real Estate, should have hired a professional to conduct the work on the tree on Feb. 28, 2012. He also claimed that the property manager should not have knowingly allowed anyone else who was not a professional, including Battaglia and Reese, to perform work on the property. Delao, appearing pro se, claimed that he was not on the property as a property manager on Feb. 28, 2013. Instead, he claimed that he responded to the scene as a friend of Arnicar and that he was on the property to help remove a fallen limb from the roof of one of the apartment buildings at Arnicar’s request., After the incident, both Battaglia and Reese were taken to a hospital in separate ambulances. Battaglia sustained a head injury, which was determined to probably be a concussion. He also sustained a neck injury, as well as bruises and lacerations. He was ultimately able to recover from his with limited medical care, but he missed work as a result of the incident. However, Battaglia settled for a confidential amount prior to trial. Thus, his and damages were not before the court. Reese sustained a closed head injury with scalp and oral lacerations. She also sustained a comminuted, trimalleolar fracture of her right ankle, as well as bruises and lacerations. Reese subsequently underwent closed reduction and the placement of a splint on her ankle. Reese claimed that as a result of her , she is unable to stand for long periods of time and her ankle has a limited range of motion. c repaired. She also sought recovery of damages for her past and future pain, suffering, and loss of enjoyment of life.