On March 27, 2012, plaintiff Don Hemphill, 51, a self-employed plumber, stepped into an uncovered, 8-inch drywell on the 2.25 acre greenbelt area of a mobile home park in Borrego Springs, where he resided. Hemphill subsequently lost his balance and fell. He alleged he injured his neck, back, collarbone, and right dominant shoulder. Hemphill sued the owners of the mobile home park, Wright Family LLC (which was doing business as The Roadrunner Club), and Roadrunner Club LP. He alleged the defendants negligently maintained the area, creating a dangerous condition. Hemphill claimed that the mobile home park employed mowers who mowed the lawn area at least twice a week and that the mowers damaged the drain inlet because the grate that covered the drywell was missing. As such, Hemphill claimed that the defendants caused the dangerous condition because their own riding mowers damaged the drain inlet. He further claimed that the defendants should have known about the uncovered drywell because of the frequency of the mowing. Wright Family and Roadrunner Club contended that they had no notice of the missing grate, as the grate was only recently missing. They claimed the greenbelt was mowed twice a week and the mower would have observed an uncovered drywell., Hemphill fractured his collarbone and suffered a labral tear to his right, dominant shoulder. He also claimed he injured his neck and back. Hemphill was subsequently taken by ambulance to a helicopter, which then transported him to Palomar Hospital in Escondido. The fracture to his collarbone was near his sternum and may have involved the joint, which he claimed made it more painful. Hemphill also had swelling in his neck due to blood from the collarbone fracture and was kept in the hospital for five days until it went away. He was then given a sling for his right arm due to the collarbone injury. Hemphill claimed that his neck, back and collarbone resolved, but that his right shoulder complaints continued. He alleged that as a result, he could not lift his right arm above waist level and he was recommended for arthroscopic surgery to the right shoulder at a cost of $20,000. Thus, Hemphill sought recovery of damages for his past and future medical expenses, and past and future pain and suffering. Since he was not a licensed contractor, he waived any claim for loss of earnings. His wife, Karen Hemphill, sought recovery of damages for her loss of consortium and emotional distress under Dillon v. Legg. However, Ms. Hemphill’s claims were dismissed before trial. Defense counsel noted that an MRI of Mr. Hemphill’s right shoulder showed pre-existing degeneration. Thus, counsel contended that Mr. Hemphill’s continued complaints were due to his history of two prior back surgeries and prior neck complaints, as well as due to a degenerative shoulder that had frozen because of lack of use. The defense’s orthopedic surgery expert opined that Hemphill should have had no problems and would have been capable of working two or three months after the incident. The expert also opined that Mr. Hemphill did not need surgery.