On Jan. 19, 2015, plaintiff Anthony Cucurillo, 50, tripped and fell on a drop cloth that was placed on the stairs of an office building in San Diego. Cucurillo claimed he injured his neck, back, left wrist, and right knee. Cucurillo sued Primeco (doing business as Primeco Painting & Construction and erroneously sued as “Primeco Painting & Construction Inc.”), which placed the drop cloth on the stairs while its employees performed painting in the stairwell, and Forte LLC, the owner/manager of the subject building that hired the painting contractor. Cucurillo claimed that the drop cloth was placed in the building’s only entrance and that there was no alternative way into the facility. He alleged that Primeco failed to properly secure the drop cloth, creating a dangerous condition, and that Primeco and Forte had notice of the hazardous condition. Cucurillo further alleged that Primeco and Forte failed to properly maintain the premises in a reasonably safe condition. Defense counsel argued that the drop cloth was an open and obvious condition because it was more than 10 feet wide and 20 feet long. Counsel also argued that there were adequate warning cones and signs in front of the stairs. Counsel further argued that Primeco followed all protocols and customs, per industry standards, regarding the placing of drop cloths on stairs utilized by the public while conducting work. In addition, defense counsel argued that the drop cloth was properly secured and safe for the public, such as Cucurillo, to traverse over without danger. Thus, defense counsel argued that Cucurillo was the sole cause of the accident because he was not watching where he was walking., After the accident, Cucurillo complained of pain in his back, neck, left wrist, and right knee. He was subsequently taken by ambulance to a local emergency room, where he underwent X-rays and was discharged with instructions to follow up with an orthopedist. Cucurillo was ultimately diagnosed with soft tissue to his neck and back, an aggravation of a previous existing fracture of his left wrist, and a right knee sprain. As a result, he underwent a period of physical therapy. Cucurillo claimed he suffers from residual pain and limitations in performing activities of daily living. The plaintiff’s treating orthopedist opined that Cucurillo sustained a re-fracture of his existing wrist fracture in the incident. He opined that Cucurillo’s prior wrist fracture had completely healed and that Cucurillo’s had no symptoms prior to the accident on the stairs. The expert further opined that Cucurillo’s knee injury was caused by the subject incident. Thus, Cucurillo sought recovery of $1 million in damages, including damages for his past and future medical costs, and past and future pain and suffering. The defense’s expert orthopedist opined that there was no aggravation of Cucurillo’s prior wrist injury. He also opined that Cucurillo’s knee complaint pre-existed the accident. The expert further opined that Cucurillo’s soft tissue neck and back had healed with no permanent residuals.