On Sept. 13, 2011, at approximately 7:30 p.m., plaintiff Erma Glover, 74, a retiree, went to the trash enclosure in the common area of the Villa Valencia of Redlands townhouse community where she resided and stumbled over a single riser at the enclosure. As a result, she fell to the ground and allegedly sustained an injury to her left arm. Glover sued Villa Valencia of Redlands Homeowners Association, as well as Stratus Development Partners LLC, Oxbow Communities Inc., SBI Buildings Inc., and RedlandsCA77, LLC. Glover alleged that the defendants were negligent in the design of the trash enclosure, creating a dangerous condition. It was ultimately determined that Stratus Development and Oxbow Communities were not involved in the construction of the common area, and were voluntarily dismissed from the case. In addition, on the first day of trial, Glover settled with SBI Buildings, a builder on the construction project, and RedlandsCA77, the developer, for $40,000. Thus, the matter continued against Villa Valencia only. Glover claimed that the six-inch single riser was unmarked and unguarded, making the trash enclosure unreasonably dangerous. She also claimed that lighting in the common area was inadequate, in that one of the light standards was not functioning. Glover’s safety expert testified that even without any prior notice or complaint, it was common knowledge that the trash enclosure was unsafe. Villa Valencia claimed that it did not design or construct the enclosure, and even so, there was no notice of any problem with the enclosure prior to the incident. It also claimed the condition was open and obvious to Glover. In addition, the defense’s safety and architecture experts testified that the design was analogous to a curb and did not violate any design code. Judge Donna Garza denied defense counsel’s motion in limine to exclude a videotape taken hours after the incident, which Villa Valencia claimed did not depict the location where Glover fell or the same lighting conditions. Garza also denied defense counsel’s objection to the plaintiff’s expert opinion on Villa Valencia’s alleged duty to make the enclosure “safer,” absent any notice of the enclosure not being safe. In addition, the judge denied defense counsel’s request to play the 911 call., Glover suffered a comminuted fracture of her left, non-dominant humerus. She was subsequently taken by ambulance from the scene of the accident and brought to an emergency room and hospitalized for three days. Glover underwent open reduction and internal fixation surgery on her left arm, with the insertion of a metal plate and screws. She then followed up with one month of rehabilitation at an assisted care facility. After two months of healing, Glover underwent two months of out-patient physical therapy. Glover claimed she still has residual pain and weakness in her left arm, affecting her ability to lift items and perform her daily grooming. However, she does not currently seek further treatment. Thus, Glover sought recovery of damages that included $104,000 in past medical costs and $425,000 for her pain and suffering. The judge denied Villa Valencia’s motion in limine to exclude Glover’s billed medical costs, per Howell, and introduce only the actual amounts paid by Medicare.