On March 25, 2006, plaintiff Charles Aitken, 56, a millwright, was working for his employer, Pacific Steel Casting Co., when he stepped into a pothole located near the mid-line of Page Street, between Second and Third Streets, in Berkeley and tripped and fell. The incident occurred in front of the East Bay Municipal Utility District “Wet Weather Interceptor Substation Q” driveway while Aitken was walking from the warehouse, which was owned by Pacific Steel Casting Co., to Plant #2, which was located on the northwest corner of the intersection of Page and Second Streets, in the course of his employment. Aitken fractured his left foot in the fall. Aitken sued the city of Berkeley, Pacific Steel Casting Co. and East Bay Municipal Utility District. However, the city and Pacific Steel Casting were ultimately granted summary judgment and let out of the case in 2009. Thus, the matter continued against East Bay Municipal Utility District only. Aitken claimed that the pothole was on property owned and controlled by East Bay Municipal Utility District. Thus, he claimed that East Bay Municipal Utility District failed to properly repair the pothole, creating a dangerous condition of public property. East Bay Municipal Utility District claimed that the pothole was not on property that it either owned or controlled. It also claimed the pothole was not a dangerous condition because it did not create a substantial risk of injury., Aitken reported the incident and his left foot injury to his employer immediately after the accident. The next day, he was diagnosed with a fracture of the left second metatarsal at Kaiser Permanente, Vallejo Medical Center. Thereafter, Aitken sought treatment with his orthopedic surgeon, which was covered by his worker’s compensation carrier. Aitken claimed he attempted to return to work after his first instance of doctor-issued disability in July 2006, and again after doctor-issued disability from October 2006 to January 2007, but found that he was unable to perform his duties when he returned. His healing fracture was complicated by a hammertoe condition and bunion, as well as nerve , and he had multiple surgical procedures in May 2007. Aitken was then put on further disability. However, he later tripped on the sidewalk in front of his house and sustained a left heel fracture in August 2007. He also developed chronic left, lower extremity pain from surgery and was diagnosed with complex regional pain syndrome, also known as reflex sympathetic dystrophy or causalgia, a chronic pain condition, by his treating physician. To alleviate his chronic lower extremity pain, Aitken’s treating physician performed a spinal stimulator implant surgery to trick Aitken’s nervous system with electrical impulses, which would mask the constant pain. However, the implant lasts seven years and would require future replacement surgery. Aitken claimed that he was totally disabled as a result of his metatarsal fracture, hammertoe, left heel fracture, left ankle pain, the spinal implant and CRPS. Thus, he sought recovery of damages for his past and future wage loss, future medical treatment, and past and future pain and suffering. In addition, Old Republic Insurance Co., the worker’s compensation carrier, intervened in an attempt to recover medical and disability benefits paid on behalf of Aitken. Counsel for East Bay Municipal Utility District contended that Aitken only sustained a non-displaced second metatarsal fracture on his left foot and that all other conditions where pre-existing due to peripheral neuropathy from Aitken’s Type II diabetes and alcoholism.