The Plaintiff was enjoying the common area of the apartment complex where the Plaintiff lived. While enjoying the waterfront view of the property, the retaining wall the Plaintiff was standing on crumbled and the Plaintiff fell onto the rocks below. As a result of the fall, the Plaintiff suffered a shoulder injury requiring surgery. Mr. Jowanna argued that the owner of the apartment complex was responsible because the retaining wall was improperly designed, constructed and maintained.