On Nov. 8, 2011, plaintiff Leonid Bernshteyn, 92, a retiree, went to L’Chaim Adult Day Health Care Center to participate in a state-funded care program, in West Hollywood. At approximately 2:30 p.m., after the program concluded, Bernshteyn and his wife, plaintiff Ida Bernshteyn, 91, exited the building through a rear emergency exit. While descending an exterior concrete staircase, Mrs. Bernshteyn slipped or tripped and fell onto her husband, causing Mr. Bernshteyn to fall forward and fracture his right hip. The Bernshteyns sued the lessee of the two adjacent properties for use as part of the program, Russian Jewish Community Cultural Center, which was doing business as L’Chaim Adult Day Health Care Center; the owner of one of the properties, Chabad Lubavitch Russian Synagogue; and the owners of the other property, Gary Chernov, Natalya Chernov, Leon Shparaga and Tania Shparaga. The Bernshteyns alleged that all the defendants were negligent failed to properly clear garbage debris from the subject concrete staircase, creating a dangerous condition. They also alleged that Russian Jewish Community Cultural Center was negligent in the care of the elderly guests. Plaintiffs’ counsel contended that, in violation of the Los Angeles Building Codes, the subject staircase did not have handrails and the steps did not have proper treads to prevent slip and fall accidents. Counsel also contended that the presence of garbage debris on the steps created a dangerous condition. Defense counsel argued that the subject stairs were properly maintained and kept clear of debris. The defense’s forensic expert offered evidence that the stairs were code compliant, had a proper rail, and were not slippery when dry or wet. Defense counsel also argued that Mr. Bernshteyn fell because his wife lost her balance and fell onto him. Counsel presented evidence that the Bernshteyns were not supposed to use the subject emergency exit, except in an emergency (which was not the case on the date of the accident), and were warned multiple times not to do so. In addition, defense counsel argued that the Bernshteyns did not fall on the premises, but in an alleyway behind the premises and called a non-party witness, who testified that he found Mr. Bernshteyn lying in the middle of the alleyway, behind the premises, and moved him to the stairs after the incident occurred., Mr. Bernshteyn fractured his right hip. He was subsequently taken from the scene of the accident by ambulance and brought to an emergency room, where he underwent a total hip replacement. He then followed up with a few weeks of rehabilitation. Mr. Bernshteyn claimed he made an excellent recovery. Thus, he claimed $35,734.41 in past Howell medical costs (paid by MediCare) and sought the cost of future care as a result of being relocated to an assisted living facility. Mrs. Bernshteyn claimed she sustained minor abrasions to her knees and elbows. Thus, she claimed $629 in past Howell medical costs and sought recovery of future pain management costs for her knees. Defense counsel did not dispute the severity of the hip fracture, but did dispute Mr. Bernshteyn’s need for future assisted living. Counsel also argued that Mrs. Bernshteyn suffered no related to the fall, as supported by her medical records and an independent medical exam.