At around noon on May 9, 2010, plaintiff Michael Jacobus, 51, a truck driver, was exiting a trailer that had been converted into a restroom for employees at Rainbow Tank Cleaning, when he tripped and fell, his right knee. Jacobus sued the owner of Rainbow Tank Cleaning, Donald Albin. He alleged that the defendant failed to properly maintain the area, creating a dangerous condition. Jacobus claimed that he tripped over a piece of wood that was nailed at the threshold, causing him to fall off the stair platform that exited the trailer/bathroom and land a couple of feet down on the ground. He also alleged that the bathroom had other hazardous conditions, including grease on the bathroom floor and the fact that there were no hand railings on the stair platform. Defense counsel contended that the conditions were open and obvious, and that Jacobus was negligent for failing to see them., Jacobus first went to a hospital one week after the incident with complaints of knee pain. He was subsequently diagnosed with a torn meniscus of the right knee. On June 16, 2010, he underwent repair surgery and was out of work from the date of the accident until the time of settlement. Jacobus claimed that he will eventually require a knee replacement. Thus, he sought recovery of damages for his past medical costs for the knee surgery, lost earnings, and future medical costs for the right knee replacement.