On April 11, 2008, plaintiff John Kissinger was walking west on the sidewalk located on the north side of 16th Street in San Francisco. As he reached the 1700 16SUP th/SUP St., Kissinger walked into the edge of one of the horizontal-pivot windows that are on the outside of the building, cutting his forehead. He also claimed brain and neck from the accident. Kissinger sued the company that leased the building, EPOCA LLC; the company owner, Eric Petsinger; and the owner of the property, June Gaddis. He alleged that opening the window toward the street created a dangerous condition. Plaintiff’s counsel contended that when the window was wide-open, it projected approximately 21 inches from the exterior of the building and was almost invisible to pedestrians walking on the sidewalk. Thus, counsel argued that the open window created a dangerous condition and was illegal under the San Francisco Building code § 3200. Plaintiff’s counsel further contended that the defendants should have known that opening the window toward the street created the dangerous condition. Defense counsel argued that the window was legal under the San Francisco Building Code when it was installed in 1955, and that no modifications made to the building since then have required a change in the windows., Kissinger cut his forehead when he hit the window and was subsequently taken to a hospital. He claimed he suffered a traumatic brain injury and cervical disc herniations at C3-4 and C4-5 as a result of the accident. Kissinger claimed he suffers from ongoing cervical radiculopathy and tinnitus. He alleged that as a result of his ongoing cervical condition, he will need a cervical fusion surgery.