On Aug. 8, 2008, the plaintiff, a 48-year-old fashion photographer, was leaving a “Mommy & Me” exercise class at a high-end apartment complex in Los Angeles, when she slipped and fell on a decorative pool deck as she stepped out of the pool water and was walking toward her husband. She fell on her right side and fractured her right femur. The plaintiff sued the owner and the manager of the apartment complex alleging that they failed to properly maintain the area, creating a dangerous condition. Plaintiff’s counsel contended that the decking around the subject pool was dangerously slippery because it had never been acid-washed to remove the build-up of natural and man-made substances. Counsel contended that the defendants knew or should have known about the decking because there had been prior tenant complaints about it. Thus, plaintiff’s counsel asserted that the defendants had a non-delegable duty to keep their property safe. The defendants denied any actual or constructive notice that the decking around the pool was slippery. They claimed that the decking around the subject pool was not anymore slippery than any other pool decking and that the incident was solely because of the plaintiff’s lack of due care while walking alongside a pool with wet feet. The defense’s experts determined that the pool decking was made of a similar material to thousands of other pools and opined that acid washing the deck, as the plaintiff asserted, would have caused excessive deterioration to the deck. Thus, the experts agreed that the decking met or exceeded the standard for slip resistance., The plaintiff fractured her right femur. She was subsequently taken by ambulance to Cedars-Sinai Medical Center, where she underwent emergency surgery to install titanium rods in her right femur and hip. After the surgery, she was confined to a wheelchair for a period of three weeks before transitioning to crutches. She then underwent three months of rehabilitation. About 14 months after the incident, the plaintiff had a subsequent surgery to remove the hardware from her leg. The plaintiff claimed that she eventually recovered, but still suffered chronic pain. The plaintiff, now 53, claimed that as a result of her , she would only be able to return to part-time work as a fashion photographer, in which she worked with her husband as a team for more than 25 years and earned about $100,000 to $184,000 per year. She claimed past medical costs of $70,000, which was paid by insurance, and future medical costs of $57,600, as well as past loss of earnings of $228,609 and future loss of earnings of $535,231 to $631,863. The plaintiff’s husband presented a derivative claim, seeking recovery for loss of consortium. Defense counsel disputed the plaintiff’s claim of ongoing pain and contended that she had become addicted to pain medication. Counsel also denied that the plaintiff had any continuing injury based on her own doctor’s testimony and subrosa video. Further, defense counsel presented evidence that the plaintiff has become dependent on pain medication. Defense counsel also disputed all of the plaintiff’s economic damages and her lost earnings claim. The defense’s experts opined that the plaintiff’s injury had fully healed and that there was nothing preventing her from working. In addition, counsel noted that the subrosa video captured the plaintiff wife working.