On April 8, 2012, plaintiff Shande Carpenter, 49, a criminal investigator at the Los Angeles County Public Defender’s Office (on disability), went to Jimmy O’s – Del Mar Restaurant & Bar in Del Mar. At approximately 1:45 a.m., while exiting the bar, Carpenter tripped and fell, both ankles. Carpenter sued KGN Inc., which was doing business as Jimmy O’s. Carpenter alleged KGN was negligent in creating a dangerous condition on the premises. Carpenter claimed she tripped and fell over a rolled up rug near the patio entrance/exit. She contended that the rolled up rug was a dangerous condition that obstructed the entrance/exit of the establishment. KGN disputed there being any rolled up rug and claimed that even if there was, it did not cause Carpenter to trip and fall. It claimed Carpenter had been drinking and wasn’t paying attention to where she was going, causing her to trip over her own high heels. KGN further claimed there were no independent witnesses who saw a rolled up rug or who saw Carpenter fall as she alleged., On the day after the incident, Carpenter went to an emergency room, where she was diagnosed with a trimalleolar fracture of the right ankle and a sprain of the left ankle. She subsequently underwent open reduction and internal fixation surgery on her right ankle within one week of the incident and in July 2013, she underwent hardware removal surgery. Carpenter also received physical therapy throughout her recovery. Carpenter claimed that while her left ankle sprain completely resolved, she still experiences pain, discomfort and reduced mobility in her right ankle. She alleged that as a result, she requires the occasional use of a wheelchair when engaged in prolonged weight-bearing activities. Carpenter also claimed that she can never return to work as an investigator due to her right ankle condition and that she is restricted in caring for her grandchild and driving long distances. She claimed that as a result, she might possibly require an ankle fusion or replacement surgery. Thus, Carpenter sought recovery of $13,000 in past medical costs (post-Howell), and $7,940 to $52,933 in future medical costs. She also sought recovery for her loss of earnings, claiming she made $100,000 per year as a criminal investigator. In addition, Carpenter sought recovery of damages for her past and future pain and suffering. Defense counsel did not dispute the severity of Carpenter’s ankle fracture, but contended Carpenter was already on long-term disability due to an underlying autoimmune disease (having already been out of work for two years before the alleged accident). Thus, counsel asserted that Carpenter would not have returned to work regardless of the alleged incident. Defense counsel further asserted that Carpenter was noncompliant in her physical therapy treatment, had made a full recovery, and would require no further orthopedic care.