On Oct. 31, 2011, at approximately 7:30 p.m., plaintiff Stephanie Indindoli, 43, a nurse, was walking along the sidewalk of a residential street in Gilroy when she slipped and fell due to an accumulation of algae on the sidewalk. Indindoli sustained a fractured of her right knee. Indindoli sued the owners of the property facing the subject sidewalk, Alexander and Leticia Vergara, and the owner of the sidewalk, the city of Gilroy. Indindoli alleged that the defendants failed to repair and maintain the sidewalk, creating a dangerous condition of public property, of which the defendants had notice. Indindoli’s counsel contended that the subject sidewalk area became a slipping hazard due to the combination of an accumulation of algae, which was caused by the Vergaras overwatering of their lawn, and natural debris. Counsel asserted that the Vergaras’ poor maintenance of the area caused the algae grow and become slippery when wet. Indindoli’s counsel further asserted that the city had notice of the dangerous condition and that the defendants failed to remedy the issue. The Vergaras claimed that they didn’t know the subject sidewalk area was slippery and that if it was, it was due to the city’s negligent maintenance of a sunken sidewalk, which accumulated water that had no means to drain. The city claimed that the subject sidewalk area was part of a new residential subdivision and was pristine where Indindoli fell. It alleged that the algae accumulation was due to the Vergaras overwatering their grass — every day with an automatic sprinkler — as well as a grass park strip in front of the Vergaras’ house that caused water to pool on the subject sidewalk. Thus, the city claimed that it had no notice whatsoever of any alleged dangerous condition of the subject sidewalk area and that had a dangerous condition existed, a liability shifting statute applied, in which it was the responsibility of the Vergaras to maintain the sidewalk facing their property., Indindoli was taken by ambulance to an emergency room, where she was diagnosed with a fracture of the right patella. She subsequently underwent open reduction and internal fixation surgery the following day. Indindoli was ultimately released from the hospital on Nov. 4, 2011, and she received physical therapy through March 2012. She was then released from the care of her orthopedic surgeon in June 2012. Indindoli missed one year of work following the accident. She claimed she now suffers atrophy in her right knee/leg, causing pain when climbing stairs and other strenuous activities. Thus, Indindoli sought recovery of $15,750 in past medical costs (stipulated by Howell) and $120,000 in past lost earnings. She also sought recovery of damages for her pain and suffering. Her husband, Antonio Indindoli, brought a derivative claim, seeking recovery of damages for his loss of consortium. Defense counsel contended that Mrs. Indindoli could have returned to work after six months, but did not do so because her family was relocating to Florida. Thus, counsel asserted that Mrs. Indindoli’s past lost earnings was only $60,000, for the six months she missed work.