On May 2, 2015, plaintiff Brian Flynn, 37, fell off of a deck of a residence located in Malibu. He landed on rocks 10 feet below and sustained a head injury. Flynn sued the residence’s owners, Clark Drane Family Revocable 1975 Trust and Susan Carpenter. Flynn alleged that the defendants failed to maintain the property in a reasonably safe condition. The deceased homeowner’s daughter, Susan Harrison, and another family member related to the deceased homeowner, Mary Matza, were also initially named as defendants. However, Harrison and Matza were ultimately dismissed from the case, as it was determined that they were not proper defendants because the trust owned and controlled the property. Plaintiff’s counsel contended that Flynn was an invitee on the property at the time of the incident and that the elevated, backyard deck had an open side with an edge drop-off of 10 feet. Counsel claimed that the open side of the deck lacked any form of guardrail or safety barriers. Plaintiffs’ counsel further contended that the owners knew, or should have known, about the fall hazard and that it was in violation of the applicable California Building Codes. Defense counsel argued that Flynn was comparatively negligent for not being careful, as he was the only one who fell., Flynn sustained a closed head injury and was diagnosed with a traumatic brain injury. He was taken by ambulance to a local emergency room for treatment after the fall. He then underwent rehabilitation. Flynn claimed that he continues to suffer from ongoing symptoms, including loss of memory, inability to focus, constant headaches and loss of motivation. Defense counsel did not actively dispute Flynn’s and damages.