On April 2, 2017, plaintiff Rochelle Zagalsky, 74, a retiree, was walking in a parking lot toward the entrance of a Smart & Final store, in Dana Point, when she tripped over a wheel stop. Zagalsky sustained to her face and her right leg. Zagalsky sued the property owner, SND L.P., and the operator of the store, the property’s tenant, Smart & Final Stores, LLC. Zagalsky alleged that the defendants failed to repair and/or maintain the subject premises, creating a dangerous condition. Plaintiff’s counsel contended that the subject wheel stop was in the shade of the afternoon sun, making it hard to see, and that the wheel stop should have been painted yellow or a brighter shade of blue to provide a better contrast to the area surrounding it. Counsel also contended that the concrete bollards at the head of the parking spaces, in addition to the wheel stops, were redundant and unnecessary. In addition, counsel contended that there were prior trips and falls at the subject location, so the defendants had notice of the dangerous condition, but the subject wheel stop was not removed. Defense counsel contended that there were no other vehicles parked in the subject parking lot on the date of the incident, that the wheel stop was painted blue and that there was nothing blocking Zagalsky’s view. Defense counsel also noted that Zagalsky claimed that she was distracted by merchandise displayed in the front of the store, which took her attention away from where she was walking. Counsel further contended that the property owner, SND L.P., asked the city of Dana Point about removing the wheel stops and was allegedly told that the wheel stops had to stay in place. Thus, defense counsel argued that SND L.P. did what it could do within the city requirements. In addition, counsel contended that SND L.P. made changes at the subject location over the years, including separating the wheel stops to create a space to walk between parked cars, painting the wheel stops blue rather than leaving them unpainted, and adding a “Watch Your Step” sign at the head of each parking space in question. The defense’s biomechanics expert testified about gaze fixation, how an individual walks, personal safety and personal responsibility when a trip/slip and fall occurs. The defense’s safety expert testified about what was safe and what was not safe, and about watching where one walks. The expert also analyzed the requirements under the California Building Code and the Americans with Disabilities Act, and opined that the wheel stops could have been removed, but that SND L.P. was going by what the city said it could do or not do., Zagalsky sustained a fracture of her right leg’s femur and a nondisplaced fracture of her nose. She was taken to Mission Hospital-Mission Viejo and, the next day, she underwent surgery, during which a rod was inserted in her leg. The plaintiff’s expert orthopedic surgeon opined that Zagalsky’s surgery was proper, appropriate and successful. The expert also opined that Zagalsky would likely need no future treatment. Zagalsky claimed that she was used to traveling and walking daily, but that after the incident, she could no longer walk to the same extent as she once did. Zagalsky waived her medical costs at trial, and sought recovery for her past and future pain and suffering. Plaintiff’s counsel asked the jury to award Zagalsky $917,000 in total damages.