On Sept. 16, 2013, plaintiff Pauline Moyers, 63, a bookkeeping service operator, was walking from her office to the post office in Clovis. As she was walking on the sidewalk on the east side of Minnewawa Avenue, she fell on an uneven, sunken portion of the sidewalk. Moyers sustained to her left elbow. Moyers sued the maintainer of the sidewalk, the city of Clovis. She alleged that the city failed to repair and/or maintain the sidewalk, creating a dangerous condition. Specifically, Moyers claimed that her fall was the result of an approximate 1.5-inch differential in the sidewalk. The plaintiff’s technical expert gave deposition testimony that the uneven differential in the city of Clovis’ sidewalk was a dangerous condition and that there was no inspection program in place to determine unsafe conditions within the city. Defense counsel contended that the defect in the sidewalk was trivial and not dangerous. However, plaintiff’s counsel noted the city repaired the sidewalk days after Moyers’ accident., Moyers fractured her left, non-dominant elbow. She was subsequently taken to an emergency room, where she received triage care. Moyers ultimately underwent a surgery to implant a radial head prosthesis in her elbow. Moyers alleged that her left arm is still swollen, painful, and permanently disfigured. She claimed that after the first surgery, she had trouble with daily activities, including feeding, bathing, and dressing herself. She also claimed that she cannot lift file boxes or pans to cook and that she suffers daily pain. The plaintiff’s orthopedic expert was prepared to testify about the severity of Moyers’ and alleged future care. Specifically, the expert was prepared to testify that Moyers may require a future surgery to remove the implant device, as it has begun to fail and move out of place, causing Moyers pain. Thus, Moyers sought recovery of $19,500 in past medical expenses and $12,000 for the future surgery and physical therapy. She also sought recovery of damages for her past and future pain and suffering.