On Jan. 13, 2011, at approximately 6 p.m., plaintiff Sheldon Markman, 64, an insurance broker, was leaving dinner with a friend in Palo Alto. It was dark out and it was raining. As Markman walked on the sidewalk along Hamilton Avenue, near Centennial Walk, he slipped and fell on a diamond plate steel cover. He subsequently suffered a fracture to his left hip. Markman sued the city of Palo Alto, alleging the city failed to address a dangerous condition of public property. Plaintiff’s counsel contended that the diamond plate steel cover used to conceal an electrical box constituted a dangerous condition due to a lack of slip-resistance, which was made especially slippery by the rainy weather on the date of loss. Counsel also contended the slick surface combined with the rain created a slipping hazard that the city could have prevented by using a concrete-based material. Defense counsel contended that the diamond plate steel cover was not a dangerous condition, as the cover had been in place for over 15 years and as there had been no complaints or notice to the city prior to Markman’s accident., A passing ambulance took Markman from the scene of the incident to an emergency room, where he was diagnosed with a left hip fracture. He subsequently underwent a total hip replacement a few days later. Markman then followed up with a few months of physical therapy to rehabilitate his left hip. Markman claimed that while he has regained function in his left hip, he still deals with residual discomfort and instability and that he is very conscious of having an artificial hip. He does not currently seek any further treatment. Thus, Markman sought recovery of $36,243.61 in past medical costs (post-Howell) and $26,121 in past lost earnings for six weeks of missed work. He also sought recovery of damages for his pain and suffering. Defense counsel did not dispute the nature and extent of Markman’s alleged injury and damages.