On Dec. 24, 2017, plaintiff Benito Taylor, a notary in his 50s, was walking on a sidewalk on the west side of Powell Street, in San Francisco. While he was walking in front of 2299 Powell St., Taylor tripped on a utility box located in the sidewalk. He fell face forward onto a vehicle parked on the street before falling to the sidewalk. Taylor claimed he struck his head on the sidewalk and sustained head . Taylor sued the owner, operator and maintainer of the sidewalk, the City and County of San Francisco. Taylor alleged that the City and County of San Francisco failed to properly maintain the utility box on the sidewalk, creating a dangerous condition of public property. Taylor’s counsel contended that the utility box was left uncovered, creating a tripping hazard in the sidewalk. Defense counsel contended that the uncovered utility box was open and obvious and that Taylor’s inattention caused the accident., Taylor claimed he sustained a nasal fracture as well as a mild traumatic brain injury in the form of a concussion. He presented to a hospital, where he underwent diagnostic nasal surgery, during which a nasal deformity was discovered. Taylor claimed his concussion and nasal fracture led to him developing sleep apnea, which was diagnosed after he participated in a sleep study. As a result, he now uses a continuous positive airway pressure (CPAP) machine to provide consistent air pressure to his airways during sleep. One year after the accident, Taylor started his own notary business. However, he claimed he requires ongoing treatment, including use of the CPAP machine and sleep monitoring. Taylor sought recovery of past and future medical costs, as well as damages for his past and future pain and suffering. Defense counsel disputed the nature and extent of Taylor’s , and denied that the alleged were attributable to the subject accident. The defense contended that Taylor had pre-existing sleep apnea. Counsel also contended that the concussion and fracture may have aggravated Taylor’s sleep apnea, but that the sleep apnea would have progressed anyway.