On Jan. 3, 2015, plaintiff Norberto Aviles, 34, a data processor, was walking to the management office of the apartment complex where he resided, in Palmdale, when he slipped and fell on the cemented walkway. He landed on his right shoulder, with his face partially in the grass, and sustained to his shoulder and neck. Aviles sued the owner of the apartment complex, 37925-45 30th Street East, LLC (which was erroneously sued as “Villa Sierra Apartments”), and the management company, Anza Management Co. Aviles claimed the defendants failed to maintain the courtyard sprinkler system, which caused the walkway to become wet and freeze. He contended that the sprinklers excessively provided watering during sub-freezing temperatures and that the defendants had prior knowledge of ice patches on the concrete walkways prior to the incident. He further contended that he was not warned about the icy walkway and that the defendants’ failure to properly maintain the walkway or warn about the dangerous condition caused him to slip and fall on the frozen walkway. Defense counsel argued that, according to the industry standards in Palmdale, the defendants took more than the customary, reasonable steps to warn and protect residents at the apartment complex. Counsel contended that the last time the courtyard sprinklers were in operation was three days before Aviles fell and that freezing water could not have come from the sprinklers. Counsel also contended that both defendants took more than adequate steps to salt the walkways as soon as they had notice of icy patches. Specifically, defense counsel contended that the property manager, having seen patches of ice, instructed the custodian to immediately apply rock salt to the walkways upon her arrival on the job on that day. Defense counsel argued that Aviles was running, in flip-flops, in sub-freezing temperatures, in a community that Aviles knew would be likely to contain icy patches. Counsel also argued that the incident happened in broad daylight, when the icy surface was plainly visible, and that Aviles caused his own slip and fall because he was not paying adequate attention to where he was going., Aviles sustained a fracture of the proximal humerus of his right, dominant shoulder. He also claimed nerve damage to the cervical spine at C4, C5 and C6. He presented to a healthcare provider five days later with complaints of numbness in his fingers, and pain to his ribs and a knee. He received chiropractic treatment and ultimately underwent shoulder surgery. Aviles alleged that he requires future medical care, as he is still unable to raise his right arm above his shoulder. He claimed he will require additional chiropractic and pain management treatment, as well as a surgery, while he is awaiting more advanced procedures to alleviate the restriction of motion at his shoulder joint. Aviles sought recovery of $24,606.92 in past medical costs and $3,600 per year in future medical costs. He also sought recovery of damages for his past and future pain and suffering. Defense counsel noted that Aviles did not visit any health care provider until five days after the fall and that during that time, Aviles worked, full-time, as a data processor for a Norwalk-based trucking company.