On Dec. 24, 2008, plaintiff Julio Tejada, an assembly line worker in his 40s, admittedly spent the day drinking Tequila before going to a party on the second floor of an apartment building on Saticoy Street in Van Nuys, where he had been living for six years. Tejada admitted to having at least two more cups of Tequila at the party before exiting the apartment. However, as he proceeded straight out of the door, he fell over the guardrail and plummeted to the courtyard below. Tejada subsequently sustained to his head, jaw, face, and right dominant wrist. Tejada sued the believed owners of the building, Henry Weiss, Anita Weiss, Weiss Family Properties LLC, Weiss Properties LLC, and Weiss Family Trust doing business as Weiss Properties. The parties stipulated that the Weiss Family Trust was the actual property owner and should be the only defendant in the case. Plaintiff’s counsel contended that the building, built in 1962, never updated the guardrail height from 32.5 inches, which was the height at the time of Tejada’s fall, to 42 inches, which is the current general industry standard. Thus, counsel argued that the guardrail was unsafe. However, plaintiff’s counsel acknowledged that there was no requirement to retroactively update guardrails. Defense counsel noted that Tejada had a blood alcohol content of 0.342 at the time of the accident and that Tejada had problems with alcohol prior to the incident. Thus, counsel argued that the fall was entirely Tejada’s fault and that buildings are not required to follow the retroactivity requirement of the Building Code, as is accepted in California., Tejada sustained an acute subarachnoid hemorrhage, a right-sided fracture of his jaw, an orbital blowout fracture and a comminuted displaced fracture of his right wrist. He was subsequently taken by paramedics to a hospital, where his jaw was wired and he underwent internal fixation of the wrist. Tejada ultimately remained in the hospital for three days. Tejada claimed he suffers from cognitive impairments, affecting his mood and memory. As a result, his children later moved in with him. Tejada also claimed that he was out of work for nine months, as his assembly line position was not left open while he recovered from the accident. However, he ultimately was able to regain employment doing the same type of work. Thus, Tejada claimed $165,733.57 in past medical bills and, after Howell, sought recovery of $115,408.31. He also sought recovery of $75,000 in damages for his past pain and suffering and $220,000 in damages for his future pain and suffering.