On Sept. 21, 2014, plaintiff Shawna Sorci, 45, the owner of a home remodeling business, finished her horseback ride as part of her trip to a guest ranch, also known as a dude ranch, owned by Rankin Ranch Inc. She then got off the horse and onto a raised wooden platform, but as she descended the stairs connecting the platform to the main ground, she tripped and fell on a hole on the side of the middle stair. Since the steps did not contain a handrail, Sorci fell approximately two feet to the ground and suffered to a shoulder, arm and hand. Sorci sued Rankin Ranch Inc. She alleged the company was liable for the dangerous condition that caused her fall. Sorci initially sued for premises liability, general negligence and later added a claim for gross negligence. However, defense counsel filed a motion in limine seeking to exclude the premises liability and general negligence claims. Defense counsel noted that Sorci had signed a waiver stating that Rankin Ranch was not liable for any . While Sorci claimed the waiver only applied to suffered while horseback riding, Rankin Ranch’s counsel maintained that the waiver was broad and also applied to suffered while dismounting. Judge Thomas Clark agreed with defense counsel and dismissed the premises liability and general negligence claims. Thus, the trial only dealt with the issue of gross negligence. Sorci’s counsel argued that Rankin Ranch did not take care of the staircase. Counsel noted that the Rankin Ranch had no safety director, and no policy and procedures manual telling employees how to maintain the steps. Counsel also presented an expert engineer who opined that the lack of handrail was a violation of uniform building codes. Sorci’s counsel further argued that Rankin Ranch never inspected the steps to make sure they were safe. Sorci’s counsel noted that employees at Rankin Ranch covered the hole in question after Sorci’s husband complained following the fall. They also installed a handrail at a later date. Thus, Sorci’s counsel attempted to argue that the employees’ actions proved that Rankin Ranch thought the stairs were dangerous and needed to be fixed. However, defense counsel filed a motion in limine to bar evidence of the post-accident changes to the staircase, and the motion was granted. Defense counsel presented evidence that the owners of Rankin Ranch took great care in maintaining the premises. Counsel argued that employees were constantly picking up trash and repairing any issues at the ranch. Specifically, defense counsel noted that the owners of the premises recently fixed the fence and redid the ranch pool. Thus, defense counsel maintained that Rankin Ranch did not meet the standard of gross negligence. Defense counsel also argued that Sorci assumed the risks of the dude ranch. Counsel noted that Sorci had climbed the subject steps prior to the ride and should have seen the hole when she ascended the staircase. Thus, defense counsel argued that Sorci should have avoided the defect when she descended the steps., Sorci claimed she sustained a tear of her left, non-dominant rotator cuff and an ulnar nerve injury, affecting her left hand and arm. After the incident, Sorci stayed at the ranch through the weekend. However, on Monday, when she was back home, her husband drove her to Mercy Hospital, where she was treated and released. Sorci then underwent multiple tests and received medication from her primary care doctor. She was ultimately diagnosed with a massive tear to her left, non-dominant rotator cuff. In late November 2014, she underwent arthroscopic surgery on the left shoulder and then had three months of physical therapy. Sorci claimed that after the surgery, she continued to have pain in her shoulder. She also claimed she had trouble sleeping and extending her arm above her head. Thus, she underwent intermittent physical therapy and other conservative treatment. However, Sorci claimed that approximately one year after the accident, she began to experience tingling in her left hand and arm that affected her grip. A nerve conduction study confirmed an injury to her ulnar nerve, and she underwent home exercises to alleviate her symptoms. Sorci’s treating doctor recommended that she undergo an ulnar nerve release, which is an outpatient procedure, but Sorci did not undergo the procedure prior to the trial. The plaintiff’s expert orthopedist opined that Sorci would eventually require two shoulder replacements on her left shoulder. However, by the time of trial, Sorci had not decided whether she was going to have the surgery. Sorci said that she used her home as a showroom for her contracting business. As a result, she had to keep it clean at all times. While she had usually cleaned the home herself, she alleged her accident made it hard for her to chores, including dusting, vacuuming and mopping. She also alleged that it was hard for her to do dishes and clean the kitchen and bathroom. Thus, she claimed she had to hire a housekeeper to make sure the home was in proper condition. Sorci further claimed that she used to work as a hair stylist and that she planned to return to that job if her remodeling business failed. However, she claimed she was no longer able to hold up her hands long enough to do other people’s hair. She further claimed that the lack of a backup career put additional pressure on her home business to succeed. Thus, Sorci sought recovery of $14,000 in past medical expenses, $15,000 for the future ulna nerve release, $90,000 for the future shoulder surgeries, $30,000 for loss of future services, and unspecified damages for her past and future pain and suffering. Defense counsel argued that Sorci should only receive a maximum of $14,000 for past medical expenses and the same amount for future medical expenses. Counsel also argued that the verdict should be reduced by 50 to 75 percent due to Sorci’s comparative negligence.