On Feb. 11, 2017, plaintiff Sheila Rand, 75, was sitting at a booth table that was on a single-raised step in a Jimmy John’s sandwich restaurant, in Orange. When she got up to exit the table, she fell down the step and injured an ankle. She also claimed that she injured her back. Rand sued the owner and operator of the restaurant location, Atlas West Inc.; its business entity, Atlas Franchise West Inc.; and the restaurant’s franchisor, Jimmy John’s Franchise, LLC. Rand alleged that the defendants negligently failed to adequately warn of the dangerous condition that the raised step posed. Jimmy John’s Franchise was dismissed from the case, and the matter continued against the Atlas entities only. Rand claimed that there were no adequate warning signs or a border on the step, so that when she looked down as she exited the booth, the wood flooring of the raised step was indistinguishable from the floor. Plaintiff’s counsel asserted that the single-raised step with no border, warning or rubber stop created an unreasonable risk of harm. Atlas’ counsel asserted that the condition was open and obvious and that Rand fell because of her own carelessness. Counsel contended that Rand entered the booth to eat lunch and knew, or should have known, about the raised step. Counsel also contended that the single step was not in a normal walking path and was completely compliant with all building codes., Rand sustained a bimalleolar ankle fracture as a result of her fall. She also claimed that rods in her back, which were placed during a prior surgery, snapped and failed as a result of the stress of the incident. Rand immediately presented to Hoag Hospital Newport Beach, where she was treated and released. She later developed infections around her ankle, postponing and complicating her recovery. Plaintiff’s counsel contended that Rand had a six-figure lien as a result of the care and treatment that were provided by orthopedic surgeons, who also performed surgeries to treat the broken rods. Counsel also contended that Rand requires future surgery to fix the rods in her back, as well as significant physical therapy and recovery. Rand sought recovery of past and future medical costs, and damages for her past and future pain and suffering. Her husband, Marvin Rand, presented a derivative claim, seeking recovery of loss-of-consortium damages. Atlas’ counsel asserted that Ms. Rand’s back were unrelated to the accident, pointing to radiological images from July 2017 that allegedly showed that the rods were in good position even after the fall.