On Nov. 13, 2009, at approximately 6 p.m., plaintiff Daniel Lynch, 55, a part-time landscaper, was walking on sidewalk when he tripped and fell in front of Express Liquors, located at 702 East Julian St., San Jose. Lynch claimed he injured his left ankle in the fall. Lynch sued Marie Santoro, the owner of the property at 702 E. Julian Street; and Gurwinder Sekhon and Jaswinder Sekhon, who were doing business as Express Liquors. Lynch alleged the defendants failed to repair and/or maintain the sidewalk, creating a dangerous condition. Santoro subsequently filed a third-party complaint against the city of San Jose, seeking indemnity and contribution. Lynch claimed he tripped over a 1.5-inch raised portion of the sidewalk in front of Express Liquors, which the city of San Jose subsequently repaired. He claimed a city ordinance required any property owner adjacent to or fronting a sidewalk to maintain said sidewalk and bear any repair costs. Santoro and the Sekhons claimed that Lynch was comparatively at fault, since he lived in the area and should have been aware of any raised portions of the sidewalk. However, the defendants alleged that the sidewalk did not have any defects or dangerous conditions in the area of Lynch’s alleged fall. The Sekhons claimed that as a tenant in the building, they did not share Santoro’s purported liability for the adjacent sidewalk condition. Santoro alleged that the city had been on notice of the condition of the sidewalk, and was responsible for the maintenance and repairs that were underway., Lynch sustained a fracture to his left ankle. He was subsequently taken from the scene of the accident by ambulance and brought to an emergency room, where his ankle was casted and placed in a walking boot. Lynch remained casted for 10 months and received minimal rehabilitation during his recovery. Lynch claimed that he mostly healed from his injury, but that he still experiences some stiffness and soreness. Thus, he sought recovery of $7,800 in past medical costs and an unspecified amount of damages for his pain and suffering. Defense counsel contended that Lynch suffered a non-surgical fracture, which he completely recovered from within one year.