On June 5, 2010, plaintiff Anthony Nevarez, 48, a former truck driver, was descending the exterior stairway at a rental residence in Colton, where he lived at with his family, when he stumbled against the metal handrail. Subsequently, the handrail gave way and Nevarez fell off the side of the stairs, landing on his head. Nevarez sued Rosaline Diaz and Robert Diaz, who were the owners and managers of the rental residence, and who also maintained the property themselves. Nevarez alleged that the defendants failed to properly repair or maintain the stairway, creating a dangerous condition. Nevarez claimed the handrail had been improperly repaired and that he told the defendants about the handrail’s condition prior to the incident. Thus, he alleged that the defendants had constructive notice of the condition, but failed to make the necessary repairs and left the handrail in a dangerous condition. In addition, plaintiff’s counsel contended the defendants’ failure to address the dangerous condition constituted negligence per se and violated California Civil Code § 1941.1(8), which requires handrails to be in good working condition. The Diazes denied being told about the handrail prior to the incident. The jury was instructed that the defendants were negligent for violation of California Civil Code § 1941.1(8), and was instructed to return a special verdict on the matters of causation, damages and comparative negligence., Nevarez claimed he suffered a cervical injury as a result of the fall. He later sought treatment and underwent a two-level anterior cervical discectomy and interbody fusion at C4-5, with the insertion of a cage allograft and anterior instrumentation. Nevarez claimed that his condition before the fall was that of any person his age, and that prior medical care for neck pain was sporadic and short term. However, he claimed that following the incident he required more extensive treatment. Thus, Nevarez had medical costs amounting to $166,047.77 and all medical care was provided by medical-legal liens. He did not request damages for any loss of income. Defense counsel argued that Nevarez did not present to the hospital the day of the fall and that his cervical condition was pre-existing. Counsel presented Nevarez’s prior medical records, which allegedly detailed prior complaints of neck pain made before the stairway incident. In addition, counsel presented some of Nevarez’s X-rays, which allegedly showed some degenerative changes in Nevarez’s neck prior to the incident. Defense counsel further argued that Nevarez’s medical bills were excessive.