On Dec. 24, 2007, plaintiff Janet Brooks, 40, an executive assistant, was at Mexico Café, located on East Highland Ave in San Bernadino, when she slipped and fell. She claimed she injured her back in the fall. Brooks sued the operator of the restaurant, Gaiten Enterprises Inc. She alleged that the defendant failed to properly maintain the area, creating a dangerous condition. Brooks claimed that while she was at the restaurant, a bartender spilled water and ice on the floor, causing her to slip on it. She alleged that the restaurant’s employees failed to timely clean up the spill. Defense counsel contended that Gaiten Enterprises was not negligent in the maintenance of the restaurant and that the spill was not the cause of Brooks’ fall., Brooks claimed she suffer a bulging disc injury in her back, which she treated with physical therapy. She was ultimately able to return to work since her injury had no impact on her ability to perform her job. However, Brooks claimed that she continues to suffer some continued pain. Thus, Brooks sought recovery of damages for past medical costs and past and future pain and suffering. Defense counsel disputed the plaintiff’s , contending that Brooks had degenerative discs and prior complications.