Around 9 or 10 p.m. on March 17, 2013, plaintiff Marie Buckledee, 73, a retiree, tripped and fell in the driveway of a home at Via Paraiso, in Monterey. The residence was owned by Peter Lavin and occupied by Lavin’s daughter, Ann Bevins. Buckledee sustained to her face, elbow and leg. Buckledee sued Lavin and Bevins. Buckledee alleged that there were several large cracks in the subject driveway that had existed for many years and that that the driveway was improperly lit. She alleged that Lavin and Bevins had been told about the driveway’s dangerous condition and advised to fix, but that Lavin was simply “too cheap” to make the repairs. Thus, Buckledee claimed that the defendants’ failure to timely make the necessary repairs to the driveway caused her to trip and fall. Plaintiff’s counsel called Buckledee’s son to testify about his prior dealings with Lavin regarding the poor condition of the driveway. Due to a stroke, Lavin could not testify. Defense counsel argued that Buckledee had been to the subject property on several occasions before the incident and that Buckledee had simply failed to take proper care negotiating the driveway., Buckledee fell on her face, sustaining multiple fractures to her nose, right elbow, and left knee. She was immediately taken to a hospital, where it was determined that she had sustained a deviated septum and three nasal fractures, resulting in a nasal deformity of the nose structure. In addition, it was determined that Buckledee had sustained fractures of the right, dominant elbow’s radial head and ulna. She ultimately underwent closed reduction of the nasal fracture immediately following the incident and then an open reconstruction of the nose nine months later. Buckledee testified that she underwent a lengthy course of physical therapy to treat her orthopedic on and off for more than one year and that she is continuing with her physical therapy treatment. She is also required to wear a knee brace at all times. Buckledee claimed that due to her nasal , she suffers from breathing difficulty and sleep apnea, as well as a loss of taste and smell (anosmia). She also claimed that she suffers limitations in walking and going up stairs as a result of her left knee injury.