On Feb. 27, 2010, plaintiff Fred Beltran, Jr., 57, an employee of Northrop Grumman, was waiting for his wife outside of Viva Villa Taqueria, a restaurant in Fontana. He was standing on an exterior patio, located at the top of two steps leading to the parking lot, when he lost his balance and fell. Beltran sustained to his right, dominant shoulder. Beltran sued Viva Villa Taqueria Inc., alleging that it was negligent in the repair and maintenance of the patio, creating a dangerous condition. The Jara Mexican Food was also initially sued by Beltran, but it was later dismissed when the subject restaurant was found to be owned by Viva Villa. Thus, the matter proceeded to trial against Viva Villa only. Beltran claimed that there were cracks on the nose of the slate tile at the top of the steps and that the tile gave out underneath him. According to plaintiff’s counsel, a cashier at the restaurant admitted that she noticed that the tiles on the steps were broken the night before, when employees took out the trash. Counsel also contended that there was no handrail at the stairway that could have prevented Beltran from falling. Defense counsel contended that Beltran fell off the step as he leaned forward and to his right in order to throw a cup of Horchata that he was holding in his right hand in a trash can, which was located about 3 feet away and to the right of the steps. As such, counsel argued that Beltran fell due to leaning over the side. Defense counsel also questioned whether Beltran forgot that he was on the top stair and misjudged his reach, leading to the fall., On the night of the accident, Beltran drove himself to a hospital, where he was treated and released. He sustained a fractured acromion of the right shoulder and massive tears to three out of four tendons of the right rotator cuff. He subsequently underwent four surgeries over the course of two years for his shoulder repair. Beltran claimed that despite the surgeries, he developed severe calcification of the right shoulder, resulting in permanent pain and a 50-percent decrease in range of motion. He initially claimed that his pain was a 10 on a scale of 1 to 10, requiring him to take prescription painkillers daily. Beltran alleged that his limitations prevent him from being able to write with his right arm, causing him to have to relearn to write with his left hand. He alleged that as a result, he was unable to return to work after the accident. Beltran alleged that his medical expenses amounted to $137,000 and that his past and future loss of earnings was in excess of $246,000. Thus, he asked the jury to award him $5 million in total damages at trial. Defense counsel noted that the deposed experts from both sides agreed that Beltran would not benefit from any future surgery.