Factual and procedural background
Jose Luis Lopez, Jr. was walking in the rain in Feb. 2014. When he came to the driveway leading to Wally’s Wine & Spirits, Lopez stepped in a pothole that was filled with rainwater. This caused his ankle to dislocate, and he tore three ligaments and broke two bones. Wally’s Wine & Spirits leases the facility to store wine for restaurants and a liquor store. Traffic in the parking lot is limited to delivery vans and vehicles of customers who pay to store wine in a temperature-controlled room. The property is managed by the Northern Trust Bank of California and is owned by the Marvin A. Kahn Deceased Trust.