On Dec. 23, 2009, plaintiff Tabresha Gilmore, an unemployed 22-year-old, was on her way to a welfare office, located on the fifth floor of a medical building on Gaffey Street in Hawthorne, when she allegedly fell while exiting the elevator on the fifth floor. She claimed to her left shoulder and left ankle. Gilmore sued the owner of the building, Gaffey Street Properties Inc., and the elevator maintenance company, Kone Inc. She alleged the defendants negligently maintained the elevator, creating a dangerous condition. She also alleged that the defendants had notice of said condition. Gilmore claimed that as she exited the elevator on the fifth floor, she tripped and fell over the misleveled threshold. She alleged that the subject elevator had continuing problems and was previously shutdown. Gilmore claimed that she knew of the elevator’s problems from her previous visits to the building, but that the defendants never did anything until two weeks after the accident, when a complete reconditioning of the elevator was performed. She further claimed that after the accident, a security guard at the building taped off the elevator and filed a report. Thus, plaintiff’s counsel contended that Gaffey had suspect record keeping of the incident due the company’s claim that it had no record of the incident. Gaffey contended that it never had any notice of the accident, and questioned whether the elevator actually misleveled or whether the accident happened at all. Kone contended that it never received a report of the alleged elevator misleveling, and denied the plaintiff’s claim that the elevator was refurbished after the accident., Gilmore claimed that she went to an emergency room on the date of the accident, but that the line was too long and she left. She later treated at an urgent care facility within a week, and was diagnosed with a separation of her left shoulder and a sprained left ankle. She subsequently treated her conservatively, with a few months of physical therapy. Gilmore, who had recently separated the same shoulder, claimed residual pain and discomfort in the shoulder, as well as some ankle pain and swelling. Her treating physician opined that Gilmore requires surgery on her shoulder. Gilmore further claimed she is now limited in any heavy lifting, or work that involves pulling or pushing. Thus, Gilmore sought recovery of approximately $10,000 in damages for past medical costs, approximately $25,000 in damages for future medical costs (shoulder surgery), and an unspecified amount in damages for her past and future pain and suffering. Defense counsel contended that Gilmore suffered from a pre-existing separated shoulder and did not suffer any new injury as a result of the alleged fall.