On April 22, 2009, at approximately 11:30 p.m., plaintiff Vigen Alexanian, 57, a retired truck driver, was watching television on his living room couch at his apartment in a five-unit condominium complex owned by San Rafael Townhouses when he heard noises from outside, causing his dog to bark. He claimed that since there had been numerous break-ins at the complex, he decided to go outside to check the situation. After exiting through his front door, Alexanian claimed he noticed a “thief” walking toward the main gate of the complex, holding some items in his hand. He claimed he then yelled at the individual, whom he suspected was stealing a tenant’s personal property, to reveal his identity, causing the individual to run toward the gate. Alexanian claimed that he subsequently began chasing the thief, but tripped and fell over a depression in front of another unit in the complex, his right shoulder. Alexanian sued San Rafael Townhouses. He alleged the defendant failed to properly maintain the premises, creating a dangerous condition. Alexanian claimed that the lock on the main gate leading into the complex was broken on the date of the incident, despite numerous oral complaints by tenants. He alleged that due to the unsecured gate, many thieves and vandals would enter the complex to commit theft and vandalism. Alexanian also alleged that this negligent conduct was a substantial factor in causing his , since he wouldn’t have been outside investigating the theft had the main gate been secured. Alexanian further claimed that the depression in front of Unit number 2 in the complex was due to the defendant’s negligent maintenance, since it was a hazard to any reasonable person and had existed on the property for quite some time without being addressed. Thus, plaintiffs’ counsel contended that San Rafael Townhouses failed to maintain the property in a condition that is reasonably safe in light of the probability of injury to persons exercising ordinary care, and failed in its duty to protect against both know dangers and those dangers that a reasonable inspection would have revealed. Plaintiffs’ counsel did not depose the defendant in this case., Alexanian was taken to the emergency room by his wife and underwent an MRI of his right, dominant shoulder, which revealed a partial superficial rotator cuff tendon tear. He was also diagnosed with a chest contusion, a left knee contusion and avulsion, and multiple abrasions. Alexanian was subsequently prescribed pain medication. He later followed up with his primary care physician and two orthopedist surgeons to treat his right shoulder. In July 2009, Alexanian began a course of physical therapy for his right shoulder, neck and left knee, and continued to treat with his primary care physician to control his diabetes. On July 21, 2010, he underwent arthroscopic surgery on his right shoulder and followed up with more physical therapy. He then returned to his treating orthopedic surgeon on Nov. 18, 2010, due to a pain flare-up and underwent a new MRI on Dec. 21, 2010, which revealed a distal rotator cuff tear with partial retraction. As a result, Alexanian underwent another arthroscopic procedure on March 15, 2011. Alexanian claimed that the pain in his right shoulder decreased and that he feels 75 percent improved since his surgeries. However, he claimed he still has limitations, including the ability to play piano (his favorite hobby), going on walks and going on vacations with his wife due to his inability to drive for long periods of time. Thus, Alexanian claimed $118,176.23 in damages for his past medical costs and sought recovery of an unspecified amount in damages for his past and future pain and suffering. Alexanian’s wife, Akyanush, claimed that her husband’s affected her life since she was on disability leave at the time of the accident and was dependent on her husband for household services. Thus, she presented a derivative claim seeking recovery of damages for her loss of consortium.