On Feb. 3, 2009 plaintiff Vera Rettig, 91,a retired tourist from Ohio, was walking along a sidewalk in Little Italy, San Diego, when she fell. She suffered a broken front tooth, and lacerations to her face, nose and lip. Rettig sued the owner of the sidewalk, the city of San Diego; the owner of the building located adjacent to the sidewalk,The Roman Catholic Bishop of San Diego; and the maintainer of the sidewalk, the Little Italy Association. She alleged that the defendants failed to properly maintain the sidewalk, creating a dangerous condition. The Roman Catholic Bishop of San Diego agreed to settle with the plaintiff for $5,000 prior to trial. Thus, the matter proceeded to trail against the city and Little Italy only. Rettig claimed that she tripped and fell face-first over an uneven sidewalk panel. Plaintiff’s counsel contended that tree roots raised the sidewalk panel over an estimated three years prior to the incident, creating a height difference of one-and-three-eighths-inches between the panels. The plaintiff’s human factors expert opined that there was a dangerous condition based upon the height difference of the panels and the trees sheltering the sun, which created shadows on the sidewalk such that a pedestrian would not observe the subtle change in elevation. Defense counsel argued that the sidewalk’s condition was not dangerous and that Rettig failed to prove she tripped over the alleged condition. Counsel noted that during depositions, Rettig could not pinpoint the exact place she fell, instead offering several different locations and theories. Defense counsel further contended that Rettig was diagnosed with Parkinson’s disease prior to her fall and argued that her unsteady gait could have contributed to the accident., Rettig went to the emergency room after the accident and was treated for lacerations to her nose and top lip, which were about .75 centimeters long. She also suffered a chip to her front tooth. Rettig was treated by a plastic surgeon at the hospital and required stitches for her lacerations. Her chipped tooth was later treated by bonding. Rettig claimed that she was left with residual scarring as a result of the lacerations. She also claimed the incident has effected her mentally. She alleged that as a result, she now has a fear of falling, and suffers anxiety and depression. Rettig further claimed that as a result of her residual , her life has gone downhill since the accident. Thus, she only sought recovery of non-economic damages at trial. Defense counsel conceded that Rettig fell and suffered physical , but disputed the cause of the accident and the existance of her alleged psychological problems. The defense’s neurology expert opined that Rettig’s mental difficulties after the accident were not caused by the fall. The expert testified that Rettig could have suffered some transitory mental problems after the fall, but not mental problems to the extent claimed by the plaintiff. In addition, the defense’s expert opined that Rettig’s emotional distress was a natural progression of her Parkinson’s disease, a progressive neurodegenerative disease.