On Jan. 28, 2008, at around 1 p.m., plaintiff James Robinson, an unemployed 49 year old, was stepping off a ladder that he placed against the rear of a house that he was renting from Barbara Prince in Manteca. Robinson claimed that as he stepped onto the ground, he stepped onto a board with three nails which went into his left foot. Robinson sued Prince, alleging that Prince was negligent for failing to warn him of the dangerous condition. Prince denied actual or constructive notice of the board, and disputed the board was even on the premises. She claimed that Robinson was negligent in that he was supposed to maintain the property. Specifically, Prince contended that Robinson was responsible for keeping the yard clean and free of debris, but that Robinson did nothing to ensure his own safety. She further contended that Robinson failed to observe the condition of his surroundings when he got up on the ladder and that Robinson never had her permission to go up on the ladder., The trial was bifurcated. Damages were not before the court. Robinson suffered puncture wounds to his left foot. He claimed he ultimately developed osteomyelitis as a result of the nails penetrating his foot. Robinson subsequently sought formal medical treatment within a day or a few days of the alleged incident. He then remained hospitalized for approximately 45 days. Robinson claimed that despite medical treatment, he can no longer walk without a cane. Thus, Robinson sought recovery of approximately $300,000 in medical costs and an unspecified amount of damages for his pain and suffering. There was no wage loss claim. Defense counsel would have argued that Robinson failed to mitigate his damages, as Robinson purportedly failed to keep his wound clean, which led to the infection.