On March 6, 2010, plaintiff Justine Kirby, a construction worker in her 30s, was exiting El Indio Restaurant in Pacoia when she allegedly slipped and fell. She alleged to her lower back. Kirby sued Amador Cuevas, the owner of the land, and Rafael Ruiz, who was doing business as El Indio Restaurant. Kirby alleged that the defendants were negligent in the maintenance of the restaurant, creating a dangerous condition. The restaurant was set up as an outdoor restaurant, whereby a patron would enter the patio area and to the left was a window for ordering Mexican food. A small kitchen was behind the window, and the patio area contained tables and was covered by a make-shift aluminum roof. The construction was called a “bootleg” style of construction. Plaintiff’s counsel contended that the entrance area of the restaurant had a dangerous downward slope from the patio area to the street. Counsel also contended that the entrance area was partially uncovered, so that it was exposed to the elements. Counsel contended that as a result, rain could easily enter the patio and cause the tile to become unreasonably slippery. Plaintiff’s counsel further contended that the flooring area where Kirby fell had been covered with inappropriate indoor tile, which was not suitable for outdoor use because there was no slip resistance on it. In addition, counsel contended that prior to Kirby’s visit, the restaurant was cited by the city for both health and building safety code violations on several occasions, including one violation related to the dangerous tile used on the floor, which was never corrected. Thus, plaintiff’s counsel argued that the defendants were negligent for having no floor mats, no warnings, no handrails and no proper overhead protection at the entrance area. Cuevas and Ruiz, appearing pro se, disputed Kirby’s allegations and argued that Kirby did not fall at the restaurant., After the incident, Kirby was taken by ambulance to the hospital. She claimed she sustained lumbar disc bulges at the L3-4 and L4-5 levels. After she was discharged, she started ongoing treatment. Kirby underwent nerve block injections in her back, which temporarily relieved the pain. Within six months of the incident, she had a discectomy and hemilaminotomy, which she alleged helped somewhat, but that she still has constant back pain. Kirby claimed that she still has ongoing pain, which she treats with prescription medicine. She also claimed she suffers from restrictions in motion due to pain, causing her to be unable to sit or stand for long periods of time. She alleged that as a result, her daily life and activities have been impacted and that she has not returned to work since the incident. Thus, Kirby claimed she is essentially totally disabled and will require a lumbar laminectomy, as well as ongoing pain management. Cuevas and Ruiz argued that Kirby’s were not as extensive as she alleged. The defendants also argued that Kirby would not require any future treatment or surgery.