On Jan. 6, 2011, plaintiff Ernestine Dowdell, 58, a bankruptcy specialist for the Internal Revenue Service, was walking with a coworker along Washington Street, in Old Oakland, heading back to work after a late lunch. As Dowdell and her coworker passed in front of Ratto’s International Market and Deli, which had outdoor seating on the sidewalk, Dowdell tripped and fell over a dining chair that was lying on the sidewalk. (No one knew why the chair was on the sidewalk, but it was thought that an outside individual pushed the chair there.) Dowdell sustained to both wrists. Dowdell sued the owner of the restaurant/deli, Rattos International Market, and the building owners, Martin Durante, Martin Durante Jr., Kai Eng and Pamela Eng. Dowdell alleged that the defendants failed to properly maintain the sidewalk, creating a dangerous condition. For the purposes of trial, the matter only went forward against Rattos International Market. Dowdell and her coworker both testified that they saw the chair on the sidewalk as they approached it. Dowdell also claimed that she attempted to avoid the chair, but that upon encountering it, her pant leg got caught on it, causing her to trip and fall. Thus, she claimed that Rattos International Market was negligent in the maintenance and operation of its market by allowing a fallen chair to exist on the sidewalk. Counsel for Rattos International Market argued that there was no evidence of either the deli or any of its employees knowing about the chair on the sidewalk prior to the incident. Counsel also argued that the chair was an open and obvious condition and that Dowdell and her coworker both testified to seeing it prior to the trip and fall., The parties stipulated that the plaintiff’s damages would not exceed $20,000 and that the amount would be adjusted based on the finding of liability. Thus, damages were not before the court. Dowdell sustained a compound, non-displaced fracture of her right, dominant wrist by her thumb and a sprain of her left wrist. She subsequently presented to the Doctors Medical Center, in Modesto, later that day and her right hand was placed in a soft cast. She then followed up with orthopedic consultations and treated with a few months of physical therapy. Dowdell took 1.5 months off of work following the accident. She also claimed her caused her to have difficulty taking care of her disabled adult son, who lived with her and her husband, and whom she helped care for.