On Oct. 23, 2008, at approximately 7:30 p.m., plaintiff Barbara Ferren, 61, a disability claims adjuster, parked her car along the east side of the 8800 block of Variel Avenue, near the corner of Gresham Street in Los Angeles, to visit her daughter. While returning to her car, Ferren crossed the street and was walking on the sidewalk that runs along the east side of Variel Avenue when her left foot made contact with a lift in the sidewalk, causing her body to be propelled forward. In an attempt to break her fall and protect her face, Ferren put her right arm out in front of her, causing her to break her upper arm. Ferren sued Valley Village South Apartments and Seltzer-Doren Management Co., the respective owner and property manager of the property adjacent to the accident. She also sued the city and county of Los Angeles, and the state of California on behalf of the California Department of Transportation. Ferren alleged the defendants failed to repair a dangerous condition and had notice of said condition. Ferren reached a confidential settlement with the city, and did not pursue her claims against the county or state. Thus, the matter proceeded to trial against Valley Village and Seltzer-Doren only. Ferren claimed that the sidewalk in question was raised nearly two inches due to the roots of a tree located approximately 15 feet away from the lifted sidewalk, on the Valley Village/Seltzer-Dozer property. Thus, she claimed that the lift created by the tree root caused the accident, and that the defendants had a duty to properly maintain and inspect the subject property. Ferren further claimed that Valley Village and Seltzer-Dozer had notice of the two-inch sidewalk displacement, which was a tripping hazard, but failed to timely repair it. Plaintiff’s counsel presented photographs of the defendants’ lead maintenance supervisor, accompanied by their attorney, digging in the area of the lift. Counsel contended that the digging was done in secret after Valley Village and Seltzer-Dozer were informed that their tree roots were present directly below the sidewalk area in question. Counsel for Valley Village and Seltzer-Doren argued that the subject tree root on the defendants’ property did not cause the lift, but, instead, the displacement was caused by effects of the Northridge earthquake. Counsel further argued that a street light in close proximity of the accident illuminated the area and that the sidewalk lift was not a dangerous condition. In addition, defense counsel argued that the city of Los Angeles was responsible for maintaining the sidewalk and that Ferren did not exercise due care while walking on it., Ferren was taken from the scene of the accident by her daughter and brought to an emergency room. She subsequently underwent an X-ray, which revealed a proximal humeral neck fracture, just below the humeral head, in her right, non-dominant arm. A closed reduction of the fracture was performed, and Ferren was discharged from the hospital with her arm in a splint. Ferren followed up with an orthopedist and received a few months of physical therapy. However, she claimed that she still experiences pain and discomfort, affecting her ability to bowl and do other activities, and that she missed 3.5 months of work. She also claimed that her orthopedist advised her that she had reached a point of maximum medical improvement from conservative treatment, and that her injury could benefit from a right hemi-arthroplasty and, perhaps, a follow-up surgery in the future. Thus, Ferren sought recovery of $10,000 in damages for her past loss of earnings, $17,038 in damages for her past medical costs, and $103,000 in damages for her future medical costs. She also sought recovery of an unspecified amount of damages for her pain and suffering. Defense counsel argued that Ferren’s residual complaints were not related to the humeral neck fracture. Specifically, counsel contended that Ferren had a history of right shoulder subacromial decompression, and underwent a debridement of a partial rotator cuff tear and distal clavicle excision sometime in 2005. Counsel also contended that within two weeks of the 2005 surgery, Ferren was diagnosed with a frozen shoulder and underwent approximately four months of physical therapy.