Brian F. Breen (Partner-Philadelphia, PA) and Jesse M. Endler (Of Counsel-Philadelphia, PA) obtained a defense verdict in a case in which the plaintiff alleged she was on a concrete walkway at our client’s motel, turned to walk toward a trashcan, but failed to recognize a single step to a lower level, causing her to fall and fracture her elbow and injure her shoulder. The shoulder injury required arthroscopic decompression surgery after cortisone injections failed to provide relief, and plaintiff’s treating physician testified plaintiff was left with permanent strength and mobility limitations. The plaintiff's husband made a claim for a loss of his wife's services. Plaintiff claimed the concrete on the lower level was the same color as the edge of the upper elevation, making it appear as though it was a single elevation. Plaintiff's liability expert argued the similarity of colors at the change in elevation created a hazardous condition in violation of the International Property Maintenance Code and that it should have been marked with a contrasting paint color. Brian and Jesse argued the change in elevation was not a hazardous condition and that there is no requirement the edge of a single step be marked in any fashion. They also argued that there were numerous visual cues that should have alerted plaintiff to the change in elevation. The jury returned a verdict finding that our client was not negligent.