On Nov. 22, 2011, plaintiff Bob Thibadeau, 62, chief scientist and executive for a computer security company, was jogging on a sidewalk along the North Wolfe Road overcrossing of Interstate 280, in Cupertino, when he tripped and fell. Thibadeau sustained to his left shoulder. Thibadeau sued the believed maintainers of the sidewalk, the city of Cupertino and the state of California, through its Department of Transportation. Thibadeau alleged that the defendants failed to repair and/or maintain the sidewalk, creating a dangerous condition. The state, which maintains the freeway and bridges over the freeway, contended that, pursuant to a state-city freeway maintenance agreement, the city was required to maintain the surface of the roadway overpass and its adjacent sidewalks and that any liability rested with the city of Cupertino. However, the city’s counsel made an evidentiary-sanctions motion, alleging that the state had a duty to inspect and notify the city of any defect before the city had any duty to fix it. Thus, the city’s counsel contended that the state never notified the city of the alleged offset that Thibadeau tripped on or requested any repairs to the area. The court granted the city’s motion, and the city ultimately agreed to a $50,000 settlement with Thibadeau three weeks before trial. The matter then continued against the state only. Thibadeau claimed he tripped on an offset that measured 1.5- to 2-inches high and that was obscured by leaves and shadows. Plaintiff’s counsel contended that the California Department of Transportation (Caltrans) failed to properly train its employees how to recognize or report sidewalk hazards and, in fact, had no clear standards as to what constitutes a reportable hazard, as the subject offset should have been reported within Caltrans or to the city of Cupertino. Counsel also contended that Caltrans had a responsibility to inspect for such hazards and protect against them by reporting them to the city so that such hazards could be remedied. Plaintiff’s counsel further contended that Caltrans failed to inspect and report such hazards for years, thereby allowing the subject dangerous condition to exist for years. In addition, counsel contended that Caltrans failed to keep the sidewalk reasonably clear of leaves, which had been a problem noted for years. Caltrans’ counsel contended that the subject sidewalk did not constitute a dangerous condition. Counsel argued that the city should have known about the subject condition and taken care of it. Counsel also argued that Thibadeau had been over the area many times in the past and should have known about the alleged offset., Thibadeau sustained a rotator cuff tear and a bony Bankart lesion of the left, dominant shoulder. He also sustained a common complication of a dislocation to the left, anterior shoulder. Thibadeau was subsequently taken by ambulance to El Camino Hospital, in Mountain View, where his shoulder dislocation was reduced and he was released. He later underwent two arthroscopic surgeries. Thibadeau claimed that his work was impacted as a result of pain and significant range of motion issues with his left shoulder. As a result, he currently works as a part-time professor at Carnegie Mellon University, in Pittsburgh. He also claimed that he will need a reverse shoulder arthroplasty in the future. Thus, Thibadeau sought recovery of $41,367 in past medical costs; between $60,000 and $180,000 in future medical costs for either one or three future surgeries; $107,205 in past lost earnings, including the loss of a $50,000 bonus; and between $310,741 and $1,310,741 in future lost earnings over one to five years, as he plans to continue working as long as he is able. Thibadeau also sought recovery of past and future non-economic damages for his pain and suffering. Caltrans’ counsel argued that there was no wage loss, as Thibadeau continued to earn the same salary for three years after the accident and as Thibadeau voluntarily resigned from his position in December 2014. Caltrans’ counsel further argued that Thibadeau failed to rehabilitate himself properly.