On June 5, 2017, plaintiff Robin Garden, 70, a retiree, was inside a screen door showroom off Rosedale Highway, in Bakersfield, when she tripped on a raised, square-shaped drain that was camouflaged by the showroom floor’s tiling and fell. Garden claimed an injury to an arm. Garden sued entities believed to be tenants in the building, including De Leon Enterprises; Ponce De Leon Enterprise, LLC; Ponce De Leon Enterprise Inc.; Sun Screen; Screen Center & Moore; Kern Rain Gutters; and DeLeon Rain Gutters. Garden later amended her lawsuit to include other companies and individuals believed to be owners and/or tenants of the building in question, including Ha Thu Pham. Garden alleged that the defendants were liable for the dangerous condition that caused her fall. Several of the defendants filed cross-claims against each other. It was later determined that Pham was the owner of the building at the time of the fall and that De Leon Enterprises was the building’s tenant on that date. Plaintiff’s counsel did not pursue the claims against the remaining defendants. Plaintiff’s counsel claimed that the height of the drain was between a half inch and a quarter of an inch above the floor, but the exact height of the drain was never determined, as the building was destroyed. Per plaintiff’s counsel, the owner of De Leon Enterprises admitted in depositions that he knew about the raised drain and how it was camouflaged by the floor. The owner also claimed that when he set up the showroom, he made sure to put the items on display in a way that prevented customers from walking over the drain. However, according to plaintiff’s counsel, the screen doors were moved in a way that allowed customers to walk over the drain, creating a tripping hazard. Plaintiff’s counsel asserted that as the owner of the building, Pham had a non-delegable duty to maintain a safe premises. Counsel also asserted that the owner of De Leon Enterprises should have ensured that his employees kept the drain covered. Plaintiff’s counsel maintained that the owner never checked to make sure the doors were set up safely, nor did he tell his son, who was an employee manager, to ensure that the drain was covered. Counsel also noted that the owner admitted that he assumed his employees would have the common sense to keep the drain covered. Pham and De Leon Enterprises admitted that the drain was a tripping hazard, but they disputed which of them was to blame. Pham claimed that she did not have access to the building, so she was unable to check for any hazards. De Leon’s counsel asserted that De Leon had no direct lease agreement with Pham, so the company was unclear if it could modify the building. Counsel also asserted that the head of the company did not have the authority or the plumbing expertise to modify the drain and that the company had previously asked Pham to address the drain, but Pham failed to do so. As a result, De Leon’s counsel asserted that the owner’s only option was to cover the drain with the display. However, De Leon’s counsel maintained that the store’s employees moved the door covering the drain because Garden wanted to look at it from a different angle. Counsel also contended that the employees helped Garden move the display and that Garden chose to walk over the drain once it became exposed. In addition, De Leon’s counsel noted that Pham had seen the drain years earlier and was aware of the dangerous condition before the building was subleased to De Leon. As a result, De Leon’s counsel asserted that Garden had failed to look out for her own safety., Garden sustained a complex, displaced fracture of the proximal humerus at the left, non-dominant shoulder. She was placed in an ambulance and transported to Mercy Hospital, in Bakersfield. She was discharged the following day with a sling on her arm. A short time later, Garden began outpatient physical therapy on her left shoulder and hand. She also began treatment with a pain management doctor. On June 12, 2017, Garden underwent arthroplasty on her left shoulder, during which she received a reverse total shoulder replacement. She remained in the hospital until June 16, 2017, at which time she was transferred to an assisted living facility, where she remained until July 2, 2017. She was then discharged home, but she claimed she required an in-home nurse until August 1, 2017. The nurse administered medication and wound care, as well as helped with dressing and bathing. Garden no longer required in-home medical care after August 1, 2017, but she claimed she still had someone come to her house to help her with activities such as driving and housekeeping until October 2017. Garden continued with her shoulder physical therapy until March 2018 and her hand physical therapy until June 2018. She was also still receiving treatment from her pain management doctor at the time of the mandatory settlement conference. However, Garden claimed she had continued pain in her left arm and hand that affected her ability to perform everyday tasks, such as getting dressed, picking up her purse, and cooking. Her medical records also indicated that she might be suffering from reflex sympathetic dystrophy, also known as complex regional pain syndrome or causalgia, a chronic pain condition. Garden sought recovery of past medical expenses, and damages for her past and future pain and suffering. Her claimed medical specials totaled $165,080, which was later reduced to $120,967. Defense counsel primarily disputed the value of Garden’s alleged damages rather than the specific and treatment. However, the defense did send Garden to an independent medical examiner who concluded that Garden’s continued pain was the result of pre-existing carpal tunnel syndrome and not RSD.