On April 25, 2015, plaintiff Aguedo Mercado, 58, an executive assistant, slipped and fell at the entrance to Ontario Mills, a mall in Ontario. Mercado sustained to her left arm. Mercado sued the operators of the mall, Simon Property Group and Ontario Mills Limited Partnership. Mercado alleged that the defendants failed to properly maintain the entrance to the mall, creating a dangerous condition. Simon Property was let out of the case, and matter proceeded to trial against Ontario Mills L.P. only. Plaintiff’s counsel noted that it was drizzling rain at the time of the incident and that the concrete outside the main entrance to the mall was subjected to 20 years of foot traffic and had not been re-laid. Counsel argued that the concrete was worn smooth by the millions of visitors that go to the mall, causing the concrete outside the main entrance to become wet and slippery in the rain. Plaintiff’s counsel noted that seven to eight months after Mercado filed her claim, the mall replaced the concrete, but the mall claimed that it was unrelated to the subject incident. Mercado’s engineering expert testified that when concrete is initially laid, strokes are made in it to create friction. However, he explained that with time, the elements and foot traffic, the concrete can be worn smooth. As a result, the expert opined that it was more likely than not that the mall’s concrete was dangerously slippery when wet. Defense counsel argued that the concrete was properly maintained and noted that Mercado was wearing smooth-bottomed shoes at the time of the incident. The defense’s engineering expert testified that in order to test whether concrete is slippery, a slip test would have to be done, but it would have to be done on the actual surface. However, the expert testified that because the original concrete was not available due to it being replaced, the test could not be performed, as the original subject walkway was destroyed and re-laid. The expert also opined that a visual inspection was not sufficient. Despite that, the manager of the mall testified that he would conduct regular visual inspections of the surface and that it had looked fine., Mercado fractured the olecranon in her left, non-dominant arm. She went to a hospital that same day and diagnosed the fracture. She underwent internal fixation with hardware implanted, followed by a course of physical therapy. Mercado claimed that her condition is now fairly stable, but that she does have a permanent restriction of motion in her left elbow. However, she admitted that she has been able to continue working and performing her activities of daily living despite her decreased range of motion. Mercado sought recovery of medical costs and damages for her past and future pain and suffering.