On Dec. 7, 2010, plaintiff Michael Gibbons, 50, a part-time firefighter, was hanging out with three neighborhood acquaintances who had stopped by his room at the Best Western El Rancho Motor Inn, located at 480 East 5th Street, in Beaumont. Gibbons was staying in Room 246, located on the second floor, and he had regularly stayed at the motel, on and off, during the past couple of years. On this day, he was chatting and having some beer and vodka with his neighborhood acquaintances. However, since his brother, whom he had not seen in several years, was in the area and had arranged to see him at the motel that afternoon, Gibbons made it a point to tidy up his room and let his friends know that they had to leave. Immediately after his first friend left, Gibbons walked outside the door of his room and toward the black metal railing along the catwalk running along the second floor in order to say something to his friend, who he believed had gone down the stairs and into the parking lot of the motel. As Gibbons put both hands on the railing and slightly leaned against the railing, the loose railing moved forward, causing the top of his body to move forward and his center of mass to go across the top of the railing, catapulting his body forward. He subsequently tried to hold on with his hands, but was unable to and fell head-first down onto the pavement of the first floor. Gibbons sued SNP Hotels, LLP, which was doing business as Best Western El Rancho Motor Inn and Best Western El Rancho Motor Inn Inc.; Best Western International Inc.; Jags Hospitality LLC; Jags Hospitality Management; and the owner of the motel, Mahesh Shah. Gibbons alleged that the defendants failed to properly repair and/or maintain the railing, creating a dangerous condition. In May 2014, Best Western International was dismissed for a waiver of costs, as it was determined that the entity was only the corporate franchise entity. It was also determined that Jags Hospitality LLC and Jags Hospitality Management purchased the motel in 2012, after the incident. Thus, the Jags Hospitality entities were dismissed for a waiver of costs. Plaintiff’s counsel contended that, unbeknownst to Gibbons, the railing was loose and would move forward approximately 0.5 to 2 inches when force was applied to it. Thus, counsel contended SNP Hotels and Shah were negligent for failing to properly secure the railings in a sturdy manner. Defense counsel asserted that Gibbons was comparatively liable for the accident by being under the influence of drugs and alcohol, as toxicology tests indicated that Gibbons was positive for methamphetamines and marijuana, as well as had a blood alcohol content of 0.26., Gibbons fractured his skull, resulting in a traumatic brain injury and facial deformity. He was immediately rushed to Riverside County Regional Medical Center, in Moreno Valley, and remained hospitalized for several weeks. He ultimately required the surgical placement of several plates in his head on Dec. 15, 2010. Several months after the incident, Gibbons developed a serious infection, which was treated for months and eventually required a second surgery for the removal of the plates on Dec. 19, 2011. Gibbons claimed he lost his ability to smell (anosmia) as a result of his .