On March 20, 2011, plaintiff Patrick Mullvain, 51, was walking through a covered and carpeted hallway toward his apartment unit at Village Pointe Apartments, an apartment complex located at 17171 Roscoe Blvd., Northridge. As he took one step off of the carpeted area and onto the cement of the semi-covered walkway, his foot slipped, causing him to fall backward and strike his head on the ground. Mullvain sued VPR Partners, which was doing business as Village Pointe Apartments. Mullvain alleged that the defendant negligently maintained the location of his fall, creating a dangerous condition. Mullvain claimed that the drainage system was insufficient near the subject semi-covered walkway and that VPR Partners failed to clear dirt and leaves that had accumulated from the adjacent landscaped area. Thus, he claimed that since there were heavy rains in Northridge for much of the day of the accident, one-half-inch deep standing water was allowed to accumulate in the exposed part of the walkway and caused his slip and fall. Defense counsel contended that VPR Partners has a staff of employees who walk and inspect the premises daily, looking for any possible dangerous conditions. Counsel contended that none of the employees had ever observed standing water or any other dangerous condition in the area where Mullvain claimed he fell. Counsel further contended that Mullvain never saw standing water in the area of his fall at any time prior to the incident, had never complained about the area of the subject accident, and was unaware of anyone else complaining about the alleged condition. Thus, defense counsel asserted that VPR Partners had no liability for this incident because it had no notice of any alleged dangerous condition. In addition, defense counsel contended that Mullvain, by his own admission, had previously traipsed through the water that had allegedly accumulated either wearing flip-flops or being barefoot, dropped clothes off at the laundry room and walked back in the same direction. Thus, counsel asserted that VPR Partners was not negligent since Mullvain should have been aware of the open and obvious condition and avoided it, but failed to do so. Defense counsel further asserted that, at the very least, there was substantial comparative negligence on the part of Mullvain for voluntarily entering an area where there may have been danger and for wearing inappropriate footwear on a rainy day., Mullvain struck his head on the ground, rendering him unconscious. However, the impact was so severe that the tenants in the nearby apartment unit heard the thud and came out to find Mullvain lying in a pool of blood, which was seeping from a large gash in the back of his head. Mullvain eventually regained consciousness in a very disoriented and confused state, and attempted to touch his face with his hand, but was unable to do so because of his loss of coordination. In a daze and state of confusion, he managed to drag himself to his apartment and initially refused paramedics since he did not have health insurance. Although Mullvain had hoped that his were superficial and that they would resolve quickly, they did not. It was ultimately determined that he had sustained to his face, jaw and head, as well as sustained an occipital laceration. He claimed he experienced dizziness, a loss of the ability to smell (anosmia), weight loss, blurred vision, and weakness to his upper and lower extremities, as well as other symptoms. Moreover, as a result of the subject incident, Mullvain was diagnosed with a complex traumatic brain injury. Mullvain, now 53, continues to reside in apartment 106F of the subject apartment complex. He claimed that his and decreased brain function will impair him for the rest of his life.