On Aug. 8, 2010, plaintiff Karen Martinez, 27, a graduate student, was attending a birthday party celebration in the backyard of a single family residence in Fontana. Martinez was an invitee of her boyfriend, Adrian, who was a cousin of the host, Dean Green, and honoree, Mr. Green’s older sister, Jennifer Dean. At around midnight, as the party was nearing its conclusion, Martinez fell backward into a circular concrete fire pit that was about 18 inches high and about 3 feet in diameter. She sustained second- and third-degree burns to her buttocks and posterior, upper thighs. Martinez sued Sheryl Cannoles, the title holder/owner of the property where Mr. Green and his wife resided since it was purchased by Cannoles in May 2009. Martinez alleged Cannoles was negligent for failing to supervise a party with a fire pit, creating a dangerous condition. The Greens were not sued, and Cannoles passed away during litigation. Thus, the matter continued against Cannoles’ estate. Plaintiff’s counsel contended that the fire pit and uneven pavers, in combination with a large party and alcohol consumption, made the area unsafe. Counsel also contended that Cannoles knew about fire pit before the party and knew that the party was going to occur. Thus, plaintiff’s counsel argued that, as an owner, Cannoles had a duty to make the premises safe. According to defense counsel, Mr. Green and Cannoles were not related, but were very close due to Cannoles’ longtime relationship with Mr. Green’s mother. In 2009, Mr. Green, who was then 23, and his wife were looking for a house to buy, but they lacked an established credit history. As a result, Cannoles offered to buy the subject property in her name with the intent of eventually transferring it to Mr. Green. As a result, Mr. Green handled all of the issues regarding the house. He also paid the mortgage directly to the lender; paid all of the utilities; and was responsible for all of the repairs, maintenance and improvements. Cannoles did not have a key to the house, nor did she ever stay there, even overnight, as she lived in Buena Park. However, there was no written agreement and there was no rental agreement. In addition, Cannoles was not charging rent nor did she treat the house as an investment property. Defense counsel noted that after Mr. Green moved in, he paid to have a concrete patio poured and a patio cover built. Mr. Green also found plans online to construct the file pit and built it. In addition, he installed the brick paver patio area around the fire pit, with the help of his father, and finished the area about one week before the party. Defense counsel further noted that Mr. Green offered the house to his sister for her 30th birthday celebration and supplied the alcohol, while Mr. Green’s sister hired a DJ and bartender. Mardi Gras was the theme of the party, so there were some props, including masks. The composition of the partygoers was adults in their 20s to 60s, mostly family or friends of family, and Cannoles did not attend. Defense counsel contended that Martinez invited a friend of hers, a post-graduate student that she knew from college, by the name of Oleg, and had a few drinks that evening. Counsel also contended that Cannoles eventually admitted that she was inebriated when the incident occurred. About 15 to 20 minutes before the incident, Martinez’s boyfriend decided to head into the house to take a nap before the drive home in the Los Angeles area. Eventually, Martinez came out to the fire pit and sat in a chair next to Oleg. Defense counsel called several witnesses who claimed that they saw Martinez get up from her chair and straddle Oleg’s lap. Some witnesses testified that it appeared that Martinez was dancing on Oleg’s lap, and either lost her balance while doing so or while she tried to get up. One witness thought that, perhaps, Oleg attempted to get up as Martinez got up and that as a result, Oleg accidentally bumped into Martinez, causing the fall. All witnesses confirmed that Martinez fell backward into the pit, landing on her buttocks in a fire that was down to its embers. Martinez disputed the defense’s description of events leading up to the fall. However, defense counsel noted that prior to trial, Martinez claimed that she tripped on an uneven paver when she arose after bending down to pick up a mask that she saw on the ground, but that at trial, Martinez acknowledged that prior to the incident, she may have been sitting on Oleg’s lap or sharing his chair. Defense counsel argued that given the arrangement between Mr. Green and Cannoles, the duty of care, if any, was attenuated since Cannoles gave up possession, control and management of the property. Counsel also argued that there was no dangerous condition, as the fire pit was properly constructed, and that a screen was not required. Counsel contended that, actually, a screen could have been more dangerous to others, as it would have absorbed the heat from the fire. Defense counsel further argued that there was nothing wrong with the surface or pit, itself, and that there was no code violation, requirement for a spark arrester, or issue of lighting. Thus, defense counsel blamed Martinez, and/or Martinez and Oleg, for the incident., Martinez sustained second- and third-degree burns on her buttocks and back of her thighs with burns to over six percent of her skin and about 40 to 50 percent of the buttocks. She was subsequently taken from the party by her boyfriend and brought to Arrowhead Regional Medical Center, in Colton, where she was treated for two weeks. During her hospitalization, Martinez underwent skin grafts to the buttocks and back of the thighs. She then underwent follow-up treatment of the burns and skin grafts at Los Angeles County+USC Medical Center, in Los Angeles. Martinez claimed that she is left with extensive scarring and sensitivity to heat. Thus, plaintiff’s counsel asked the jury to award Martinez $850,000 in damages, including $78,019 in past medical costs and unspecified amounts for her past and future pain and suffering.