On Nov. 2, 2012, plaintiff Cheryl Graham, 33, was exiting the elevator at the Hilton Garden Inn, in Milpitas. However, the floor of the elevator failed to align with the threshold of the building, causing her to trip and fall. She claimed knee from the incident. Graham sued the operator of Hilton Garden Inn, Apple Six Hospitality Ownership Group Inc. She alleged that the defendant failed to properly maintain the elevator, creating a dangerous condition. Apple Six Hospitality did not dispute liability., Graham claimed that she sustained soft-tissue , as well as scrapes and contusions to a knee. She subsequently underwent treatment in Florida, where she resides. Graham sought recovery for her medical costs and pain and suffering.