On Sept. 22, 2010, plaintiff Jose Palmer, 34, a musician/composer, walked from inside the gated common area of an apartment building he resided in, located at 1263 North Hayworth Avenue in West Hollywood, to the mailbox located just outside of the building’s front gate. As he descended the building’s front entry stairs, he slipped and fell. Palmer claimed he injured his back when he fell down the stairs. Palmer sued the property’s owner, Joseph Mego and Song’s Iron Works. He alleged the defendants failed to properly maintain the stairs, creating a dangerous condition. Mego subsequently brought a third-party claim against the on-site property manager, Juan Del Toro, who was doing business as Toro Gardening Services. Song’s Iron Works was never served and was dismissed from the case. Del Toro did not appear at mediation. Thus, only the matter of Palmer’s claims against Mego was addressed at mediation. Palmer claimed he slipped on either the first or second tread and landed on the middle of his back, which struck the nosing of a concrete tread. He alleged that the stairs in question were rendered wet and slippery by Del Toro, who Mego hired to maintain the landscaping and clean the grounds of the building. He further alleged that Mego failed to use the proper abrasive paint to paint the concrete stairs, failed to install grit strips on the stair treads, and improperly installed a handrail in violation of code. Thus, Palmer claimed that Mego’s actions created the slippery condition. Mego denied that the stairs were wet or that they were dangerous. Instead, he claimed that Palmer was using his cell phone at the time of the fall, making the plaintiff responsible for the accident by failing to use ordinary care., Palmer was taken from the scene of the accident by ambulance and brought to an emergency room, where he was diagnosed with a thoracic spine compression fracture at T8 and was admitted for 24-hour care. Palmer subsequently underwent a thoracic fusion from T6 to T10. He then followed up with several months of physical therapy. Palmer alleged that as a result of the fusion, he was left with weakness, loss of mobility and constant pain. He claimed his condition made it impossible for him to devote time to his career as a musician/composer. Thus, Palmer claimed $257,037.06 in past medical costs, which was reduced to $18,382.40. He also sought recovery of an unspecified amount of damages for his lost earnings, and past and future pain and suffering. Mego’s counsel disputed the nature and extent of Palmer’s . Counsel also disputed the amount of alleged damages for any lost earnings or pain and suffering.