On Sept. 3, 2012, after the Labor Day weekend, plaintiff Leigh Comfort, a clerical worker in her 60s who worked at her husband’s bankruptcy law firm, was unloading her vehicle that was parked on the street in front of the San Mateo residence of her neighbor, Josephine Ting, when she stepped into a depression on the median strip between the sidewalk and the road. Comfort claimed to her ankle. Comfort sued Ting, alleging that Ting failed to properly maintain the area, creating a dangerous condition. Ting brought a third-party claim against the city of San Mateo, alleging that the depression was caused by a diseased tree being removed by the city, via a tree removal company, in 2009. The city claimed that it had an easement on the subject location for tree maintenance and removal, and it tendered its defense to their contractor, Davey Tree Co., which was joined the case. However, the contractor then settled out of the case. Comfort claimed that Ting allowed the depression to form for three years after the tree removal and did nothing to fix the depression, which was covered by grass. Thus, she contended that Ting failed to maintain the property in a safe condition. Ting’s counsel argued that Ting did nothing wrong and had no say in the tree being removed. Counsel also argued that all damages were caused by the negligence of the city of San Mateo and its contractor, but noted that the contractor only did what it was paid to do by removing the tree and that it was not paid to fill in the depression., Comfort sustained an ankle fracture and subsequently went to an emergency room, where she was treated with a hard cast the same day. However, Comfort claimed that the first cast was too tight, so she returned a few days later for a soft cast. She then underwent six weeks of physical therapy. Comfort was out of work for two weeks, allegedly dealing with pain the first week. She claimed that she has healed well and that her pain eventually left. However, she alleged that she still has a little pain when the weather gets too cold. Thus, Comfort sought recovery of medical costs and damages for her pain and suffering. Ting’s counsel stipulated to Comfort’s medical bills, but disputed the amount of Comfort’s alleged pain and suffering.