On Dec. 6, 2010, plaintiff Jack Sanders, 59, a self-employed van driver, was making a delivery to a warehouse in Fresno. While on the loading ramp in front of his van, walking toward the warehouse to have a delivery ticket signed, Sanders slipped and fell. He claimed to his right shoulder. Sanders sued the property manager of the warehouse, Diversified Development Group Inc., and the industrial tenant, Supplies Network, a subsidiary of Distribution Management Inc. (Supplies Network was initially erroneously sued as Integrated Supply Network Inc.) Sanders alleged the defendants failed to properly maintain the area, causing a concealed hazard to exist. One day before trial, Supplies Network reached a $325,000 good faith settlement with Sanders and his wife. (The settlement consisted of $310,000 for Sanders and $15,000 for Sanders’ wife.) At both his deposition and trial, Sanders claimed he slipped and fell on what appeared to be dried dirt, but was actually a crust of dried dirt over slippery mud. He claimed that Diversified, which was responsible for maintaining the loading ramp, was aware that the area occasionally flooded and should have been aware that such flooding deposited dirt there after the water drained away. Diversified’s counsel contended that after the alleged accident, Sanders was observed to have been kneeling next to his front bumper, swearing and saying he was injured, and that there was a skid mark consistent with a slip. However, Diversified disputed liability, claiming that Sanders failed to use an unobstructed pathway to the stairs and, instead, chose to walk through the mud. Thus, Diversified’s counsel argued that Sanders simply slipped on mud, which was an open and obvious condition, and that Sanders was entirely at fault for the accident. Diversified’s counsel contended that the loading ramp was swept by a commercial sweeper five days pre-accident and that there was rain the night before the accident, which presumably caused the dirt to become mud. Counsel presented testimony that the mud had not, and could not, have dried out between when the rain stopped and when the accident occurred. Counsel argued that as such, Sanders’ story about a thin crust concealing mud underneath was not true., Sanders claimed that after the accident, he completed two more deliveries with difficulty due to pain in his right, dominant shoulder. He claimed the following morning, the pain worsened. As a result, Sanders was taken by his wife to an emergency room. He was then referred to an orthopedist and began a course of conservative treatment and physical therapy, which ultimately failed. On April 20, 2011, Sanders underwent arthroscopic surgery on his right shoulder to treat multiple . Sanders claimed the surgery failed, resulting in adhesive capsulitis (a frozen shoulder) and, subsequently, complex regional pain syndrome, also known as reflex sympathetic dystrophy or causalgia, a chronic pain condition. He alleged that due to his condition, he cannot return to work and is unable to retrain for new work due to his age and education history. Sanders further alleged that he is limited in household maintenance and repairs. Sanders claimed he will eventually require a total shoulder replacement due to his residual CRPS. Thus, he sought recovery of $2.3 million in total damages. His wife, Mary Sanders, sought recovery of damages in excess of $100,000 for her loss of consortium. Diversified’s counsel disputed the severity of Mr. Sanders’ physical limitations, arguing that future medical treatment proffered by the plaintiffs’ medical expert — ongoing treatment for CRPS and a shoulder replacement surgery — was excessive and that any future care should consist of pain medication and home exercises. Counsel also disputed testimony as to the value of Mr. Sanders’ future lost earning capacity.