On Dec. 28, 2015, plaintiff David Witkowski, 31, a magazine editor, slipped and fell on the bathroom floor at Heidi Chun Kim and Scott Jin Kim’s restaurant, Hwang Hae Doh, a Korean barbecue restaurant. There were no witnesses to the incident. Witkowski claimed to his head. Witkowski sued Heidi Chun Kim and Scott Jin Kim, individually and doing business as Hwang Hae Doh. Witkowski alleged that the defendants failed to properly maintain the floor, creating a dangerous condition. Witkowski claimed that he slipped backward and struck the back of his head. He could not identify a specific hazard that caused his fall. Plaintiff’s counsel asserted that the defendants had negligently installed slippery floor tile, which was made even more dangerous when combined with the grease generated by the restaurant. Counsel contended that the defendants had installed the floor tile based upon aesthetics, rather than using slip-resistant tiles that complied with industry standards. Counsel also asserted that even though there had not been any prior slip and fall incidents at the restaurant that resulted in an injury, several restaurant customers wrote about the slippery floors in their posts on the review website Yelp. Plaintiff’s counsel asserted that as a result, the Kims should have been aware of the floor tiles’ dangerous condition and taken action to remedy or warn of the dangers. Defense counsel noted that, after Witkowski’s fall, restaurant staff investigated the incident and found no evidence of water or other substances that may have caused Witkowski to slip and fall. Counsel also noted that there had not been any prior reports of a slippery floor on the day of the incident. As a result, defense counsel asserted that the incident was caused by Witkowski’s failure to use reasonable care while intoxicated. According to defense counsel, there were at least eight witnesses who testified that Witkowski had consumed several alcoholic beverages prior to the incident. Counsel also contended that there had not been any other similar slip and fall incidents since the floor tile had been installed 10 years before the incident, that there was no evidence that the floor did not meet industry standards and that the restaurant had passed the frequent inspections by county health inspectors., Witkowski sustained blunt force trauma to the back of his head. His friends drove him to a nearby emergency room. Witkowski was then transferred to Harbor-UCLA Medical Center, in Torrance, where he underwent a subdural hematoma evacuation for a right temporal epidural bleed. Witkowski claimed he suffered a moderate traumatic brain injury, causing him to have “rage episodes,” including incidents of self-harm and an incident of suicidal ideation. He also claimed he suffers from a permanent loss of smell (anosmia), and constant and severe headaches. He alleged that as a result, he suffers from emotional distress. In addition, Witkowski alleged that he experiences a loss of income and earning capacity as a result of his condition. Witkowski sought recovery of medical costs, lost earnings, and damages for his past and future pain and suffering. His wife, Takae Witkowski, presented a derivative claim, seeking recovery for her loss of consortium. She claimed that she is afraid of her husband during his “rage episodes” and that their relationship has deteriorated since the incident. The defense’s expert reports confirmed Mr. Witkowski’s moderate brain injury. However, defense counsel disputed Mr. Witkowski’s alleged loss of income and earning capacity, contending that Mr. Witkowski was promoted to managing editor shortly after the incident. However, in response, plaintiff’s counsel contended that Mr. Witkowski was demoted from his position and that Mr. Witkowski’s work hours were restricted.