On Feb. 17, 2010, at approximately 8 p.m., plaintiff Elaine Gillie was at Mimi’s Cafe in Chatsworth when she tripped over a two-flight staircase leading from the bistro area to the lobby of the restaurant. Gillie claimed to her ankles and knees. Gillie sued Mimi’s Cafe and the two other owning entities of the restaurant, Bob Evans Farms Inc. and SWH Corp. Gillie alleged that the defendants failed to maintain and repair the staircase, creating a dangerous condition. It was stipulated that all three entities would be known as Mimi’s Cafe, and the matter proceeded to a bifurcated trial. Gillie claimed that she could not distinguish between two steps on the subject two-flight staircase, causing her to misstep, trip and fall. Her counsel contended that the steps lacked contrast in the form of tape or striping on the nosing. Counsel also contended that the area had insufficient lighting, in that Mimi’s Cafe had a practice of dimming the lights at 4 p.m. for dinner. Defense counsel contended that the steps were sufficiently contrasted, as per the Building Code, in that they were readily apparent upon descent and did not require tape/striping. Counsel further contended that lighting in the area was sufficient, as required by the Building Code, in that the area had at least one-foot-candle of light, according to a test conducted by the defense’s construction expert., The trial was bifurcated. Damages were not before the court. Gillie sustained a trimalleolar fracture of her right ankle and a dislocated left ankle. She also claimed she sustained to both knees, as well as an injury to her head. Gillie was subsequently taken from the scene of the accident by ambulance and brought to an emergency room, where she underwent surgery to repair her right ankle the next day. She then treated with physical therapy and underwent a total left knee replacement in 2013. Gillie claimed residual ankle and knee pain, as well as headaches. Thus, she sought recovery of $219,411 in past medical costs, and sought an unspecified amount of damages for her pain and suffering. Defense counsel would have argued that the bill for Gillie’s ankle surgery was unreasonable. Counsel also would have argued that Gillie’s knee replacement surgery was unrelated to the accident and that the bill for Gillie’s knee treatment was also unreasonable.