In the early evening of April 2, 2011, plaintiff Denis Bieber, 68, an entrepreneur, entered the subterranean garage of his apartment complex located at 1251-1261 North Crescent Heights Blvd. in West Hollywood. As he was stepping through the pedestrian door that was built into the garage gate, a driver intending to enter the garage used a remote control device to open the gate. The gate system was designed so that a “kill switch” deactivated power to the garage gate as soon as the pedestrian door triggered a pin sensor in it upon opening the door. However, the kill switch and sensor pin failed to deactivate the garage gate and, as it opened, the lower portion of the gate caught Bieber’s right foot, ankle and leg. The heavy metal pedestrian door then swung closed upon his leg as Bieber continued to be raised upward with the gate and door. Bieber eventually managed to force the pedestrian door open and extricate himself from the raising trap, at which point he fell to the cement garage floor below. Bieber sued Xenon Investment Corp., Crescent Heights Blvd., Rhonda Levine and the Levine Family Trust, which were believed to have owned, controlled, managed, repaired and maintained the apartment complex. Bieber alleged that the defendants failed to properly maintain and/or repair the garage gate, creating a dangerous condition. Xenon subsequently brought a third-party action against the driver who activated the garage gate by using a remote control device, George Marsala. It alleged that Marsala was at fault for the accident. The third-party driver was later named by Bieber as a “Doe” defendant, but Marsala never appeared formally in the action. In addition,once final ownership information was obtained, it was recognized that Crescent Heights Blvd., Rhonda Levine and the Levine Family Trust did not have ownership interest in the premises and were accordingly dismissed from the case. Bieber’s counsel contended that the kill switch and sensor pin failed to cause the garage gate to deactivate, allegedly because the safety devices were not in good working condition. Counsel contended that Xenon should have repaired and/or maintained the safety devices, and that the corporation knew or should have known that the safety devices malfunctioned previously, nearly causing injury to others. Plaintiffs’ counsel noted that Bieber obtained evidence from other tenants who alleged that they had made the problem known to Xenon long before Bieber’s accident. Counsel also subpoenaed records from two gate repair companies, which counsel claimed demonstrated that Xenon knew about, authorized and ratified the dangerous condition affecting the garage gate. In addition, plaintiffs’ counsel contended that Xenon addressed safety and maintenance problems less satisfactorily in the rent-stabilized apartment complex on Crescent Heights Blvd. due to economic calculations. Xenon claimed that the gate’s safety systems had been sabotaged by unknown persons shortly before the incident. It also denied having any advanced knowledge of any malfunction involving the kill switch and pin sensor, or anything else that was designed to deactivate the garage gate whenever the pedestrian door was opened. Xenon’s counsel contended that Bieber was comparatively negligent by not being sufficiently cautious in using the pedestrian door. Counsel further contended that Bieber was well aware of a large warning sign posted on the garage gate, which stated that death or serious injury could result from passage by pedestrians., Bieber claimed that the heavy metal door swung closed on his right foot, ankle and leg, causing his legs to separate unnaturally. He also claimed that his entire body was thrust upward and that when he freed himself from the rising door, he fell to the concrete door below. Bieber claimed that he then limped back to his apartment following the incident that Saturday evening and monitored his condition. He was then examined by an internist on the following Monday morning. Bieber claimed that pain in his back and lower extremity continually worsened, ultimately requiring epidural injections later in 2011. He then underwent a two-level anterior lumbar fusion surgery at L4-5 and L5-S1, and posterior lumbar foraminotomies at L2-3 and L3-4. Bieber also claimed that when his left ankle and foot condition worsened, due to objectively identifiable nerve damage related to the back injury that weakened his ankle and leg, he was required to wear a special ankle splint and brace for support. The splint and brace were also used to avoid foot deformity and to diminish the potential for a left ankle fusion surgery. In addition, Bieber underwent rigorous and continuous physical therapy since his 2011 lumbar surgery, and he has worked with a private trainer to strengthen his back and lower extremities. In 2002, Bieber underwent a prior lumbar spine surgery at L4-5, and then received two lumbar spine epidural injections two months before the gate incident in 2011. However, he claimed that despite undergoing these treatments, he was a very active and physically able person prior to the gate injury. Specifically, he claimed that he regularly took long bicycle rides, averaging about 100 miles per week, prior to the incident and that he had taken a 25 mile bike ride earlier on the very same date of the gate incident. However, Bieber claimed that following the incident, he has been unable to live his prior active healthy lifestyle or enjoy anything like a normal life. He alleged that he needs to use a walker or cane, continues to require extensive physical therapy, experiences painful cramps, and wears a special brace to support his foot and ankle. He also alleged that he remains in substantial pain. Thus, Bieber claimed that the cost of treatment for his medical damages was approximately $500,000, and sought further recovery of damages for his future medical costs. He also sought recovery of punitive damages. His wife, Valerie, sought recovery of damages for her loss of consortium. No damages for past and future losses, or past and future loss of earnings were claimed in the litigation. Xenon’s counsel contended that Mr. Bieber’s alleged and ongoing medical condition were not substantially caused by or contributed to the gate malfunction incident. Counsel relied on the fact that Mr. Bieber suffered from a serious pre-existing degenerative back condition and already had a prior back surgery prior to the incident. Counsel further contended that Mr. Bieber’s prior back condition had gotten so bad that he was provided with two epidural injections to address his complaints of back pain just a couple of months before the gate accident.